The Ontario Highway Traffic Act identifies a number of requirements for drivers involved in an accident. Most importantly, the parties involved are required to remain at the scene, or return immediately and remain until the police arrive.
Further, in any collision that involves damage or injury, drivers are required to give certain personal information to the other party who sustained injuries or damage to their vehicle, as well as to witnesses or a police officer, upon request. This includes your name, address, driver’s licence number, insurance, and if different from the driver, the name and address of the registered owner of the vehicle.
In Ontario, a collision must be reported to the police if anyone is injured or if damage to vehicles or other property exceeds $5,000. Drivers must still stop and exchange the required information when the damage is below the reporting threshold. Leaving the scene is sometimes called a hit and run. Depending on the circumstances, a driver may be charged under the Ontario Highway Traffic Act or with failing to stop after an accident under the Criminal Code. The two offences have different requirements and consequences.
The difference between an accident in which no one is injured and a more serious accident resulting in personal injury is that, in the latter case, after calling 911 for Emergency Services, it is advisable that you also contact an Ontario criminal defence attorney. Once the police arrive, they will immediately question you in an attempt to get the facts as to what happened. As always, exercise your right to remain silent when questioned by police; let your lawyer do all the talking for you.
As the police conduct their inquiry, if you inadvertently make an incriminating statement of any kind, you may be found to be responsible and negligent in the collision, whether wholly or in part. This could affect your insurance rates, and may also result in careless driving charges and a future lawsuit by the other driver or vehicle occupants.
If you are charged with the crime of Failure to Remain at the scene of an accident or any other driving-related charges, the team at The Law Firm of Ted Yoannou can advise you of your rights and what to expect in a trial. If you wish to proceed with our help, we will formulate a best defense based on any circumstances related to the arrest process or your actions that can lead to dismissal of the charges. We represent clients facing driving-related charges and apply our experience and careful attention to the circumstances of each case.
Failing to Stop at the Scene of an Accident (Criminal Code)
Failing to Stop at the scene of an accident is a criminal offence more commonly known as “Hit and Run”, that occurs when a driver leaves the scene of a collision in which someone was injured. This offence carries serious penalties, such as up to five years in prison. If someone was seriously injured or killed and you do not stop, the amount of prison time may be increased. For any Failure to Stop conviction, you will also receive 7 demerit points on your licence, fines and a possible suspension of up to 2 years on your driver’s licence.
When involved in a collision, you are required at the very least to offer your best efforts to aid the victims and wait for the police to arrive or you may be charged with Failing to Stop. As a rule of thumb, call 911 immediately in order to get medical help to the victim(s) as soon as possible. This call will also alert the police who will rush to the scene of the accident.
Keep in mind that you do not have to provide the police or anyone else involved in the collision with any information other than the required personal data listed below. Whether or not the police appear to be ‘on your side’, and although they may encourage you to talk about the details of the accident, they are required by law to make you aware that you have the right to remain silent and anything you say will be used against you in court. You are best advised to remain silent and call an experienced criminal defence lawyer to do all the talking for you.
However, when you’re involved in an accident, there is specific personal information that you must give to anyone who was injured or has damage to their vehicle, as well as to police officers or witnesses, upon request. The following information must be disclosed.
- Your name
- Your address
- Your driver’s licence number
- Your automobile insurance company name and policy number
- Your vehicle permit number
As experienced and knowledgeable Ontario criminal defence lawyers, the Ted Yoannou team consults with experts who give us an advantage in terms of our knowledge of police procedures, including the strategies that the police may use to help convict you. We consult with former Ontario police officers and employ detectives to get to the bottom of the story and find the evidence we need to cast a reasonable doubt on the charges. Our goal is to have the charges of Failing to Stop dismissed, leaving you with a clean driving record.
If you have been charged with Failure to Remain or Failing to Stop at the scene of an accident, contact the Law Firm of Ted Yoannou immediately. We serve clients in Toronto and throughout Ontario.