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.
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).
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.
(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.
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.”
Under the Highway Traffic Act:
First thing’s first: take photographs of your vehicle and record all details about the damage to it, including:
If your vehicle was parked when the incident occurred, look for video cameras in the area that may have recorded the accident.
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:
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.
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.
The very first step of bringing client onboard is to have a no obligation consultation.
Then comes the evaluation of the situation. And building the case background.
After building the whole case, now is the time to fight it in the court.
As we fight the case, we keep on collecting more information to support the case.