Failing to remain at the scene of an accident in Toronto is a severe offence that can be charged under the Highway Traffic Act (carrying 7 demerit points) or the Criminal Code. Securing a criminal defence or traffic lawyer immediately is vital to protect your freedom and driving privileges.
Being involved in a traffic collision is highly stressful. In the panic of the moment, some drivers make the poor decision to drive away. Whether you bumped a parked car in Scarborough or were involved in a multi-vehicle accident on the 401, leaving the scene carries profound legal consequences.
In Ontario, the law demands that you stay at the scene, check for injuries, and exchange information with the other parties. 📍 Failing to do so can lead to a provincial ticket or a federal criminal indictment, depending on the severity of the crash and whether anyone was hurt.
Step-by-Step Process in Toronto
When an accident is reported where a driver has fled, the Toronto Police Service will launch an investigation. Here is how the process generally unfolds and how a legal professional can assist.
Step 1: The Police Investigation
If witnesses caught your licence plate, or if traffic cameras recorded the incident, police will trace the vehicle to your Toronto address. Officers may show up at your home to question you. It is highly recommended to exercise your right to silence and contact a lawyer.
Step 2: Determining the Charge
The authorities will decide how to charge you. ⚔️ A “Fail to Remain” charge under Section 200 of the Highway Traffic Act is a provincial offence. However, “Failure to Stop After Accident” under Section 320.16 of the Criminal Code is considered a serious criminal charge (either by summary conviction or an indictable offence), carrying potential jail time.
Step 3: Collision Reporting Centre
If you left the scene in a panic but later realized your mistake, a lawyer may advise you to report to a local Collision Reporting Centre (like the one on Toryork Drive or Eglinton Avenue East) immediately. Self-reporting within 24 hours can sometimes be used as a mitigating factor in your defence.
Step 4: Court Appearances and Defence Strategy
You will have to appear in either a provincial offences court or a criminal court. 📄 A defence lawyer will scrutinize the evidence. Common defences include a lack of awareness that a collision occurred (e.g., clipping a mirror in heavy rain) or fleeing due to a genuine medical emergency or severe panic attack.
How Much Does it Cost in Toronto?
The costs associated with leaving the scene are staggering, combining court fines, legal fees, and massive insurance penalties.
| Expense Type | Estimated Cost (CAD) |
|---|---|
| HTA Fine (Provincial) | $400 – $2,000 |
| Criminal Defence Lawyer | $3,500 – $10,000+ |
| Civil Lawsuit Damages | Varies widely (Out of pocket) |
| Insurance Hike | May result in policy cancellation |
- Jail Time: Under the Highway Traffic Act, you can face up to 6 months in jail. Under the Criminal Code, the penalties are far steeper, especially if someone was injured.
- Licence Suspension: A provincial judge can suspend your licence for up to 2 years, while a criminal conviction can lead to a federal driving prohibition.
- Insurance Breach: Fleeing an accident can be considered a breach of your insurance policy, meaning your provider might refuse to cover the damage to your own vehicle.
How Long Does the Process Take?
Resolving a Fail to Remain charge requires patience. ⏱ A provincial court case in Toronto usually takes 8 to 12 months. If you are charged under the Criminal Code, navigating the Superior Court or Ontario Court of Justice can take 12 to 18 months or more.
Frequently Asked Questions (FAQ)
What if I hit a parked car and no one was around?
You are still legally required to remain. If the owner is not present, you must leave written notice on the vehicle with your name, address, and driver’s licence number, and report the accident to the police.
Can I be charged if I did not know I hit someone?
If the Crown cannot prove that you were aware of the collision, you may have a valid defence. A lawyer can argue that minor contact in a noisy environment or bad weather went unnoticed.
Will my insurance cover the damages if I fled?
Most Ontario auto insurance policies state that failing to remain at the scene breaches your contract. The insurer may pay the third-party victim but then sue you personally to recover those costs.
Is it too late to call a lawyer if the police already visited my home?
It is never too late. Even if you made a statement to the police, a criminal defence lawyer can still evaluate whether your rights were respected and work to negotiate the charges down.
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