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Hit and Run – Criminal Code

What is Hit and Run in Canada?

A hit and run in Canada, as defined by the Criminal Code, occurs when a driver involved in an accident fails to fulfill their legal obligations. These obligations include stopping immediately, providing their name and address, and offering any necessary assistance to a person injured or in distress.

This criminal offense, defined in Section 320.16 of the Criminal Code, is considered serious, especially if the driver has no reasonable excuse to justify their behavior. Such negligence constitutes a punishable offense and may result in a conviction, adding a note to the driver’s record and potentially leading to a criminal record for the offender.

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Section 320.16 of the Canadian Criminal Code

Failure to stop after accident

  • 320.16 (1) Everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.
  • Marginal note:
  • Accident resulting in bodily harm
    (2) Everyone commits an offence who commits an offence under subsection (1) and who at the time of committing the offence knows that, or is reckless as to whether, the accident resulted in bodily harm to another person.
  • Marginal note:
  • Accident resulting in death
    (3) Everyone commits an offence who commits an offence under subsection (1) and who, at the time of committing the offence, knows that, or is reckless as to whether, the accident resulted in the death of another person or in bodily harm to another person whose death ensues.
  • 2018, c. 21, s. 15

Marginal note:

Flight from peace officer

320.17 Everyone commits an offence who operates a motor vehicle or vessel while being pursued by a peace officer and who fails, without reasonable excuse, to stop the motor vehicle or vessel as soon as is reasonable in the circumstances.

Full Text and PDF on Hit and Run

What to Do After a Hit and Run

In the event of a hit and run, it is essential to act quickly to protect your rights and comply with legal requirements.

  1. Gather Information About the Incident: Collect as many details as possible about the accident, including descriptions of the vehicles involved, the exact location, and any witness statements. This information will be valuable for the authorities’ investigation.
  2. Contact Law Enforcement: Report the hit and run by immediately calling the police. Provide a detailed description of the incident, including any observations about the other vehicle or driver.
  3. Document the Scene: If possible, take photos of the accident site, vehicle damages, and any other relevant evidence. Record the specific circumstances of the incident to maintain a detailed account.
  4. Inform Your Insurance Provider: Notify your insurance company about the accident and the hit and run. Follow their reporting procedures and provide all requested information to process your claim.
  5. Consult a Lawyer: In a hit-and-run situation, consulting a criminal lawyer can be wise. This professional can advise you on your rights, represent you in court if necessary, and guide you through the legal process.

Consequences and Penalties for Failing to Stop After an Accident

The consequences of a hit-and-run offense vary depending on the circumstances, such as the severity of the accident, the damages caused, and the evidence presented. The Criminal Code outlines penalties ranging from heavy fines to maximum imprisonment, and in the most severe cases, life imprisonment. Failure to provide assistance or cooperate with an officer can worsen the charges, result in a criminal record, and have lasting consequences.

  • Accident Without Injury: This is a punishable offense that may be prosecuted as a criminal act or by summary procedure. According to criminal law, imprisonment may be imposed based on the driver’s record and evidence presented in court.
  • Accident Involving Bodily Harm: This results in more severe criminal charges. The offender may face up to ten years of imprisonment, reflecting the gravity of the situation and the risks to victims.
  • Accident Resulting in Death: This offense is punishable by life imprisonment, emphasizing the importance of prosecution in cases of aggravating circumstances.

Exemptions and Justifications for Hit and Run

In exceptional cases, reasonable justifications may explain why a driver left the scene of an accident, such as when there is a valid excuse to protect their safety. The Criminal Code allows for such justifications to be argued, but courts rigorously examine each case to determine its validity.

Examples of Acceptable Justifications:

Dangerous Situation: If the driver perceives an immediate threat, they may temporarily leave the scene but must report the incident to an officer or the authorities as soon as possible.

State of Shock: Panic or shock caused by the accident may constitute a reasonable excuse if supported by medical evidence.

Error in Judgment: In rare cases, a lapse in judgment may be argued in court, but this defense must be supported by substantial evidence.

Fleeing During a Police Pursuit

Under Section 320.17 of the Criminal Code, a driver who fails to stop while being pursued by a peace officer, without a reasonable excuse, commits an offense. This dangerous conduct is treated seriously due to the risk posed to the public and defiance of lawful orders. Refusing to comply during a pursuit, using a means of transport to evade authorities, can result in minimum penalties, a criminal record, and a negative mark on the driver’s record.

Importance of Cooperation with Authorities

After an accident, it is crucial for a driver to cooperate with authorities to avoid a hit-and-run charge and the legal consequences of dangerous driving. By contacting the police immediately, the driver demonstrates their willingness to meet their obligations and minimize repercussions. A criminal lawyer, or specifically a defense lawyer, can provide invaluable assistance in cases involving criminal charges, particularly in situations that include offenses under provincial law or the Criminal Code.

Alcohol consumption is also an aggravating factor in hit-and-run cases, as a high blood alcohol level (e.g., milligrams per milliliter of blood) can lead to minimum penalties and increase the severity of charges in court.

For detailed information, consult the official Criminal Code text.

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Key Takeaways:

Driver Obligations: Drivers must stop immediately after an accident, provide their information, and offer necessary assistance to injured parties. Failure to comply can lead to severe penalties and criminal charges.

Severe Penalties: Imprisonment terms vary depending on the severity of the accident, up to life imprisonment in cases involving fatalities, especially under aggravating circumstances such as driving with a blood alcohol level above the legal limit.

Limited Exceptions: Only reasonable justifications, such as a safety threat, can be considered valid excuses but must be proven in court.

Fleeing During a Pursuit: Refusing to comply during a police pursuit is a distinct offense subject to severe penalties under criminal law.