If you’re ever involved in a motor vehicle accident, knowing what to do is crucial. And staying put at the accident scene until authorities arrive is something you should always do. In fact, leaving the scene can lead to serious penalties, fines and even license suspension. 

In this article, we’ll go through the legal consequences of leaving the accident scene that you were involved in. 

The Ontario Highway Traffic Act: Leaving The Scene Of An Accident

Section 200 of the Highway Traffic Act (HTA) provides that leaving the scene of an accident you were involved in without proper permission is an offence. This is because after an accident has occurred, the police will have to do routine checks and minor investigations. Mainly to figure out what happened and who was at fault. 

So, leaving the scene when this process has not been completed might make you out to be the guilty party even when you’re not. 

Actions to Take After An Accident

Immediately after an accident has occurred, there are certain steps you need to take both personally and legally. The first thing is to stay calm, then proceed to assess the situation, check for injuries, and stay at the scene. 

The next thing is to exchange information with the other parties. You need to give them your name, the number on your driver’s licence, your insurance number, phone number, and maybe a contact address if needed. 

If it’s an accident where there’s just minor damage, under $2,000, you can call your insurance company. However, once the damage exceeds this amount, you’re obligated to call the authorities immediately. 

Penalties For Leaving The Scene Of An Accident 

Your failure to remain at the scene can have serious consequences, ranging from fines and even imprisonment. Let’s see what the HTA has to say about it. 

• Fines ranging from $400 to $2,000 
• 6 Months Imprisonment 
• Both Fines and imprisonment 
• Licence suspension of up to 2 years 
• A 7 Demerit Points 

The whole dynamic can change depending on how serious the accident was. If your refusal to stay at the scene results in the death of the other party, then you can be charged under the Criminal Code of Canada, facing up to 10 years imprisonment or, in the worst case, a life sentence. 

Possible Defence

Although leaving the accident scene is punishable under the law, some possible defences can justify your actions. A common defence is one of  “Necessity,” which provides valid reasons for leaving the accident scene. With the right defence lawyer, you can explore these options.

In Need of Legal Representation? Call a Criminal Defence Lawyer! 

If you ever find yourself erring on the other side of the law and charged with a “fail to remain,” you don’t have to go through it on your own. Navigating the complexities of leaving an accident scene can be overwhelming. But with the right guidance, you can build a strong case.

And that’s where we come in! Our team of dedicated experts at SODHI LAW PROFESSIONAL CORPORATION has got your back. Reach out to us today and let’s work together to get you the best possible outcome.