Leaving the Scene of an Accident

The law requires that you remain at the scene of a collision. Failing to remain is a serious offence and can result in convictions under both the Highway Traffic Act and the Criminal Code. If you are convicted under the Highway Traffic Act, you could receive a fine between $400 and $2,000, or imprisonment for up to six months. Your license could also be suspended for up to two years and face up to seven demerit points. If convicted under the Criminal Code, you could face imprisonment of up to five years. This could increase to 10 years imprisonment if you were involved in an accident where you were aware another was injured. 

Failing to remain at the scene of an accident can also impact a civil lawsuit. If you are sued by a person who was injured in the accident and they claim it was your fault, and you failed to remain on scene, it could negatively affect your case in two important ways. Firstly, a failure to stay at the scene could be interpreted as an admission of fault. Members of a jury could interpret you leaving the scene as an attempt to avoid punishment that you know would have inevitably resulted given that you were at fault for the accident.  Secondly, leaving the scene could negatively affect your credibility and likability as a witness with a jury. Generally speaking, people want to help and believe those who they like. Fleeing the scene of the accident could make you seem dishonest, untrustworthy, cowardly, and unlikable. This is significant as it could lead members of the jury to preferring the evidence of the injured person who sued you if the evidence of how the accident occurred is disputed.  

By: Karen Vigmond