Failure to Stop after Accident
The offence of failure to stop after an accident is outlined in section 320.16(1) of the Criminal Code.
A person commits the offence of failure to stop after an accident when they either know or are reckless to the fact that the motor vehicle, vessel, aircraft, or railway equipment that they are driving or exercising care and control over has been in an accident with another person or motor vehicle, vessel, aircraft or railway equipment, and they do not stop to give their name and address and offer assistance to any persons who appear injured.
Examples
Person A hits the car next to them while pulling out of a parking spot, breaking this car’s left taillight and scraping its left bumper. Person A is aware that they did this but continues to drive out of the parking lot and back home without leaving their name and address.
Person B hits person C’s car when they are changing lanes on the highway, causing person C’s car to spiral out of control, but person B does not want to be late for work and keeps driving.
Cases
R. v. Akey, 2020 ONCJ 575
In R. v. Akey, the accused was convicted of one count of failure to stop after an accident when he hit another person’s truck and kept driving while being chased by the police.
R. v. Reid, 2022 ONSC 3237
In R. v. Reid, the accused, a professional truck driver, was convicted of one count of failure to stop after an accident (among other charges) when he struck and killed a pedestrian who was running across the highway and kept driving.
Offence Specific Defence(s)
No Knowledge
Where the person has no knowledge or reason to believe that the motor vehicle, vessel, aircraft, or railway equipment they are driving has been involved in an accident with another person or another person’s motor vehicle, vessel, aircraft or railway equipment, they may not have completed the offence of failure to stop after an accident.
Reasonable Excuse
Where the person cannot stop their motor vehicle, vessel, aircraft, or railway equipment due to a reasonable excuse, such as a perceived threat to their life due to the other person involved being aggressive or the road conditions being extremely unsafe, they may not have completed the offence of failure to stop after an accident.
More Legal Information
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In criminal cases, there are very strict rules governing what evidence can be used and how it can be used.
The rights enjoyed of all those within Canada are contained in the Canadian Charter of Rights and Freedoms.
Criminal procedure is the process by which an accused person is arrested and brought through the justice system.
Sentencing refers to the punishment that is ordered when an individual is found guilty of a criminal offence.
Offences in Canada are listed in the Criminal Code. They include crimes related to people, vehicles and weapons.