Hit and Run Lawyer in Mississauga

A hit and run collision occurs when one vehicle, strikes another vehicle, and then flees the accident scene. It’s a criminal offence, and an offence under the Highway Traffic Act to flee the scene of a car accident especially one where somebody has been hurt in a car accident. In an accident, a driver has the legal and ethical duty of stopping to provide the other parties with their licence information. You also have the responsibility in assisting anyone who was injured during the incident with a minimum of contacting an ambulance. It is also required that the police be contacted in a situation where any party was injured.

What is a Hit and Run Accident?

A Hit and Run Accident is an accident where one of the involved sides fails to stop, or leaves the scene of an accident without identifying themselves. It is considered a felony crime and can result in up to 5 years of imprisonment (longer if there is a death) if charged under the Criminal Code of Canada (s. below). Lighter cases can be charged under provincial laws, e.g.  the Highway Traffic Act of Ontario (s. below).

Extract from the Criminal Code of Canada (Section 252).

Failure to stop at scene of accident

252 (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with (a) another person,(b) a vehicle, vessel or aircraft, or (c) in the case of a vehicle, cattle in the charge of another person and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Punishment

(1.1)
Every person who commits an offence under subsection (1) in a case not referred to in subsection (1.2) or (1.3) is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction.

  • Offence involving bodily harm
    (1.2) Every person who commits an offence under subsection (1) knowing that bodily harm has been caused to another person involved in the accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding ten years.

Extract from the Highway Traffic Act of Ontario (Section 200)

Highway Traffic Act section 200(2) deals with penalties that can be issued by the court upon conviction: 

“(2) Every person who contravenes this section is guilty of an offence and on conviction is liable to a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition the person’s licence or permit may be suspended for a period of not more than two years.  2009, c. 5, s. 54.”

Penalty for Fail to Remain

Under the Highway Traffic Act:

  • Jail up to 6 months.
  • Fine between $400 to $2,000.
  • 7 demerit points.
  • 30 day suspension for G1 and G2 drivers.
  • Possible licence suspension for up to 2 years all drivers.
  • 100% increase for insurance rates.

What to Do in a Hit-and-Run Accident

First thing’s first: take photographs of your vehicle and record all details about the damage to it, including:

  • Where it was when it was hit.
  • How much damage there is.
  • The date and time you discovered the damage if your vehicle was parked at the time.
  • The scene of the accident.

If your vehicle was parked when the incident occurred, look for video cameras in the area that may have recorded the accident.

Making a claim on your insurance

If the hit and run driver isn’t traced, there’s a chance you may have to pay for repairs and lose your insurance benefits, as there’s no one for you to claim against.

To make a hit and run claim to your insurance company, you’ll need:

  • Your police crime number for the incident.
  • If possible, the other driver’s number plate and details of the car.
  • Any eyewitness names and contact details.
  • The location, time, date and cause of the accident.
  • Photographs of the accident location and damage to your car.

Other insurance policies such as third party property damage or third party fire and theft won’t cover the damage to your own car in a hit and run accident claim.

Get a Legal Help

Finding a criminal defense lawyer should be your priority if you or your loved one is arrested for a hit and run in Mississauga. Your lawyer plays a crucial role in the outcome of your case by helping you with the defense process. Since your lawyer understands the hit and run laws, as well as the possible defense strategies to use, you stand a better chance at fighting your charges. Contact the Criminal Lawyer for a free review of your case today.

Our Process

Our Process

1. Planning The Case

The very first step of bringing client onboard is to have a no obligation consultation.

2. Evaluate Situation

Then comes the evaluation of the situation. And building the case background.

3. File The Case To The Court

After building the whole case, now is the time to fight it in the court.

4. Gather More Information

As we fight the case, we keep on collecting more information to support the case.

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Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there.

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Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there.

Planning The Case

Evaluate Situation

File The Case To The Court

Gather More Information

Let us help you!

If you need any helps, please feel free to contact us. We will get back to you with 1 business day. Or if in hurry, just call us now.

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