Fail to Remain at the Scene of an Accident

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When a motor vehicle accident occurs, all people involved must remain at the scene of the accident. This is a legal and moral obligation to ensure that all involved are safe, that contact information is exchanged and that when police and/or emergency response arrives at the scene they are properly informed of the incident that has occurred. Been Charged with a Fail to Remain Ticket? GET A FREE QUOTE

Failing to remain at the scene of an accident is a serious offence under the Highway Traffic Act. When an accident occurs on a highway, every person in charge of a vehicle or streetcar that is directly or indirectly involved in the accident shall:

  • Remain at or immediately return to the scene of the accident
  • Render all possible assistance
  • Upon request, give, in writing, to anyone sustaining loss or injury or to any police officer or to any witness his or her contact information. Contact information includes; name, address, driver’s licence information, phone number, insurer and policy number, name and address of the registered owner of the vehicle and vehicle permit number.

If you do not provide this information, you could also be found guilty of failing to remain. This is a serious charge and the penalties are as follows:

  • A Fine between $400-$2000
  • Possible jail time of up to six months
  • Possible suspension of your driver’s licence for up to two years
  • Seven demerit points
  • Conviction will stay on your driving record for three years

Your insurance premiums could spike thousands of dollars or more per year, and that is if you are able to find a company to insure you again. Defined by the Criminal Code of Canada, “failure to stop at the scene of an accident,” a hit-and-run incident can result in a penalty of five years in prison for the guilty party, depending on the severity of the injuries sustained or fatalities involved.

Under Canadian Law, drivers who fail to remain at the scene of the accident or “Hit and Run” accidents fall into two different categories. Each situation is different and depending what the police officer decides, they can either charge the driver under the Criminal Code of Canada for the offence “Fail to Stop at the Scene of the Accident”, or under the Highway Traffic Act of Ontario for “Fail to Remain at the Scene of the Accident”.

  • Fail to Stop at the Scene of an Accident is a Federal Criminal Code Offence
  • Fail to Remain at the Scene of an Accident is under the Highway Traffic Act and is traffic ticket


IT IS BEST NOT TO GIVE STATEMENTS TO THE POLICE WITHOUT HAVING LEGAL ADVICE FIRST

All the police need in a fail to remain investigation is “who was the driver?” If you were driving at the time of the accident and admit that to the police officer, you will be convicting yourself. It is best that before you provide any information to the police officer that you call We Win Traffic Tickets (free of charge) to discuss your situation and best plan of action.

When a driver is involved in an accident, if there is Police involvement either at the scene or at a later point, the driver could be summoned to court for driving without due care and attention (also known as careless driving), or inconsiderate driving.