Being involved in a hit-and-run accident can be a distressing experience, and it’s crucial to know the potential consequences.
If you leave the scene without providing certain information, you might face charges under the Criminal Code or the Highway Traffic Act (HTA).
Here’s what you need to know about each:
Criminal Code – Hit and Run
If the police choose to handle your case as a criminal matter, the consequences could be very grave.
You could face long jail terms, the suspension of your driving privileges, and even a criminal record.
If you are found guilty of a hit and run, officially termed as “Failing to Remain at the Scene of a Collision” under section 320.16 of the Criminal Code, you could lose your driving license for up to three years, even if it’s your first offence.
Moreover, it’s important to know that the Highway Traffic Act (HTA) is closely linked with the Criminal Code, especially in sections 320.13 to 320.18, concerning driving offences.
Being found guilty under the HTA can bring about other serious consequences, including the potential for a lifetime license suspension if you commit offences such as:
- Impaired Driving of a Conveyance;
- Impaired Driving of a Conveyance – Blood Alcohol Concentration Exceeds Legal Limit;
- Refusing/Failing to Provide Sample;
- Dangerous Driving;
- Flight from Police;
- Driving While Prohibited/Disqualified; and
- Failing to Remain at the Scene of a Collision.
There are a number of sentencing options which are available to the presiding judge, which may leave you without a permanent criminal record all the way up to prison sentences not exceeding 10 years.
Highway Traffic Act – Hit and Run
If the police decide to proceed under the HTA, there are two common hit-and-run charges available. The include:
- Failing to Remain at the Scene of a Collision; and
- Failing to Report a Collision
They are often treated much differently by the courts. Section 200(1)(a) of the HTA is the equivalent section to section 320.16 of the Criminal Code. If you have been involved in a collision, there are requirements you must take depending on the circumstances. They include:
- Remaining at the scene;
- Render assistance, if possible; and
- Provide your name, address, driver’s license number, insurance information, and information of the registered owner of the vehicle to anyone who has had loss as a result of the collision.
Should you fail to provide these details, you could be charged and convicted of the above offence. Penalties upon conviction include:’
- 7 demerit points;
- Fine from between $400 – $2,000;
- License suspension up to 2 years; and
- Jail up to 6 months.
Reporting Obligations and Potential Charges
While only certain types of collisions are required to be reported, such as if the damage exceeds $2,000, there are injuries, collisions with animals, and collisions involving damage to property/trees & landscaping/fences; it is best to know your rights ahead of time to avoid potentially complicated legal proceedings.
The second type of charge under the HTA is under section 199(1), and it is called Fail to Report. This is still a serious charge but carries some penalties if you are convicted. If you are involved in a collision and fail to report some of the details as required, you could be subject to fines ranging from $400 – $20,000.
Both of the offences under the HTA carry significant insurance consequences as a result of a perceived attempt to hide the fact you were involved in a collision. These offences are usually laid in conjunction with one another, so it is best to know your rights ahead of time.
Conclusion
If you have been involved in a collision and/or are facing charges of this nature, please contact one of the lawyers or paralegals at X-Copper Law Firm we can assist you through these situations.
