Fight Car Accident Charges
When you’re involved in a car accident in Ontario, the law mandates stopping, offering assistance, contacting police officers if there are serious injuries or significant property damage, and sharing your insurance information with the other driver. Failing any of these duties could lead to you being charged with car accident charges, including the serious offence of “Failing to Remain.”
Penalties for Failing to Remain Under the Ontario Highway Traffic Act
Police officers may charge you under two different legislations: the Ontario Highway Traffic Act (HTA) or the federal Criminal Code. Typically, charges under the HTA for “failing to remain” apply to minor incidents, more severe car accidents could lead to criminal charges, including “failure to stop.”
The penalties for not following these laws can be severe. Under the HTA, anyone indirectly or directly involved in a motor vehicle accident and convicted of leaving the scene can face:
- Up to six months of imprisonment
- Mandatory license suspension
- Seven demerit points (a significant penalty reflecting the seriousness of these traffic violations)
- Fines ranging from $400 to $2,000 (Fines can increase with added surcharges depending on the circumstances)
- Increased auto insurance rates, potentially making you “high risk”
Consequences of Failing to Stop Under the Criminal Code of Canada
A “failure to stop” charge can be brought against anyone in Canada, not just on public roads. This means drivers, pilots or boat operators could face criminal charges for leaving the scene of an accident involving property damage, injuries, or worse.
Penalties can include:
- A permanent criminal record
- License suspensions lasting up to a decade
- Imprisonment for up to 10 years, especially with bodily harm
- Additional penalties like fines, probation, or restitution to victims
Car Accident Charges and Your Defence
If charged with a traffic violation or involved in any motor vehicle accident, the prosecution must establish your guilt beyond a reasonable doubt. This involves proving your presence at the scene, your involvement in the incident, and any failure to comply with the law, such as offering assistance or exchanging information.
Car Accident Ticket Defence
It’s most important to understand your rights and the potential impact of a car accident conviction, whether you’re facing minor traffic tickets or more serious charges under the Criminal Code. Each car accident brings unique challenges, from dealing with the immediate aftermath to navigating the legal consequences, including CVOR points for commercial drivers, implications for novice drivers, and the potential threat of a criminal record or insurance penalties.
Before making any statements or decisions, consulting with a knowledgeable paralegal can provide the clarity and support needed to navigate these complex situations effectively and with your best interests in mind.
The most common collision-related charges under the Ontario Highway Traffic Act are:
| Offence | Demerit Points | Fine* |
| Careless Driving | 6 | $400 – $2,000 |
| Careless Driving – Bodily Injury / Death | 6 | $2,000 – $50,000 |
| Start from Stopped Position Not in Safety | 2 | $85 |
| Fail to Remain | 7 | $400 – $2,000 |
| Fail to Give Required Information | 7 | $400 – $2,000 |
| Disobey Stop Sign | 3 | $150 |
| Improper Left Turn | 2 | $85 |
| Change Lane Not in Safety | 2 | $85 |
| Fail to Yield to Pedestrian | 3 | $150 |
| Amber Light Fail to Stop | 3 | $150 |
| Red Light Fail to Stop | 3 | $260 |
* Court fines are also subject to the victim fine surcharge and $5.00 court cost.
Commercial motor vehicle drivers can also face CVOR point penalties as follows:
| Offence | CVOR Points |
| Careless Driving | 5 |
| Careless Driving – Bodily Injury / Death | 5 |
| Start From Stopped Position Not in Safety | 5 |
| Fail to Remain | 5 |
| Fail to Give Required Information | 3 |
| Disobey Stop Sign | 3 |
| Improper Left Turn | 5 |
| Change Lane Not in Safety | 5 |
| Fail to Yield to Pedestrian | 5 |
| Amber Light Fail to Stop | 3 |
| Red Light Fail to Stop | 5 |
How Can I Help My Defence?
Police may respond to a report of failing to remain immediately, coming straight from the accident scene to a suspect’s door. However, an officer may also contact you days or weeks after the incident occurs as part of an investigation. No matter when you receive a ticket or summons, you should never give a statement to the police without having legal advice first.
If the police contact you after a hit-and-run accident, you may be interviewed by an officer to “tell your side” of the story or invited to help the police “fill in the gaps” as to what happened on the day of the crash. Unfortunately, these are common tactics police officers use to get suspects to provide evidence against themselves—and anything you say can be used against you in court.
Remember, it’s up to the police and prosecution to prove you were present at the scene. They may only have a report with vague details, such as “blue car with a male driver.” If they can get you to admit that you were involved in the crash or even driving on the same road, you are essentially doing their job for them.
Free Ticket Consultation
If you are facing charges from a car accident in Ontario, our legal team offers decades of experience in defending against a wide range of charges. Contact us for a free consultation to explore your legal options and strategize your defence.
Car Accident Charges & Ticket FAQs
What should I do immediately after being involved in a car accident in Ontario?
Stop, assess any injuries, offer assistance, and exchange insurance information with the other driver. If there are serious injuries or significant property damage, you must also report the accident to the police. Failing to comply with these steps could result in car accident charges.
Can you be charged with manslaughter if someone dies in a car accident?
Yes, if you’re involved in a car accident that results in death and it’s determined that your actions were criminally negligent or constituted dangerous driving, you could face serious criminal charges, including vehicular manslaughter under the Criminal Code of Canada.
What are the penalties for failing to remain at the scene of an accident in Ontario?
The penalties can include up to six months in jail, mandatory license suspension for novice drivers, possible license suspension for up to two years for all drivers, seven demerit points, and fines ranging from $400 to $2,000, which can increase with surcharges.
How can car accident criminal charges affect my future?
Criminal charges can lead to:
- permanent criminal record
- significant fines
- imprisonment
- license suspensions
These consequences can impact your employment opportunities, ability to travel, and your car insurance rates.
What is the difference between car accident tickets and a summons?
Car accident tickets are issued for less serious offences and include a fine and basic details of the alleged offence. A summons is used for more serious incidents, does not specify a fine amount due to the potential for severe penalties, and requires appearance in court.
How can OTD Legal help me?
We can provide advice on the legal process, help you understand your rights, and develop a defence strategy. OTD Legal assists in potentially reducing penalties, challenging evidence, and in some cases, getting charges dismissed. We always strive to achieve the most favorable outcome for your specific case.
Can police charge me with a car accident offence if I wasn’t at fault?
Yes, police can charge you based on their assessment of the accident scene and evidence. However, being charged does not automatically mean you will be found guilty. OTD Legal can help challenge the charges if you believe you were not at fault.
FREE CONSULTATION & QUOTE
Do You Need To Defend Yourself Against Accident Charges?
We have the skill and experience to help drivers just like you, all while protecting your best interests in the process. We provide free, no obligation, confidential consultations. We help drivers throughout Ontario, including in Kitchener, Georgetown, London, and Windsor, or from our home office in Cambridge. To start a free consultation, text a copy of your ticket to 226-240-2480 or email a copy to help@otdlegal.ca. Once we receive a copy of your ticket, we will call you. As always, we can also be contacted toll-free by calling 1-844-647-6869.
RESOURCES
Our Recent Videos
The Process Of Fighting A Traffic Ticket In Ontario
https://www.youtube.com/watch?v=ltcEI6I8Kcc Video Transcription: I’d like to explain to you today the process for fighting a traffic ticket in Ontario. It’s a difficult conversation to have and it’s a difficult explanation, so I’m going to go slowly and go into great...
Surprising Ontario Traffic Laws You Probably Don’t Know About
https://www.youtube.com/watch?v=teXW8y0SeJI Video Transcription: Surprising Ontario traffic laws. I want to take this time to talk to you a bit about some interesting legislation. We call them highway traffic laws, we call them sections under the Highway Traffic Act,...
Never Just Pay Your Traffic Ticket: From A Former Prosecutor
https://www.youtube.com/watch?v=wu6HIkzq23c Video Transcription: As a former or retired prosecutor, I’d like to talk to you today about why you want to fight your traffic ticket. It is important to consider certain things that happen when you do end up with a ticket....
RESOURCES
Our Recent Accident Charges Blogs
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