Leaving the Scene of an Accident: Fail to Remain Lawyer

Q: Is it a criminal offence to fail to remain at the scene of a single motor vehicle accident?

There is no legal requirement imposed by the Criminal Code of Canada to remain at the scene of an accident involving only a single motor vehicle as long as there are no injuries to any passengers of that vehicle. The Criminal Code only requires a driver to remain at the scene of an accident if another person or conveyance was also involved in that accident. The Ontario Highway Traffic Act is broader. Its duty to remain applies to any accident on a highway, including a collision involving only one vehicle, so leaving a single-vehicle collision can still lead to a provincial charge under s. 200.

Q: Is a hit and run the same as failing to remain at the scene of an accident?

Yes. "Hit and run" is the everyday term for what the Criminal Code calls failing to stop or remain at the scene of an accident. There is no separate offence called hit and run in Canadian law. Whether the police describe it as a hit and run, leaving the scene of an accident, or fleeing the scene, the charge is laid under section 320.16 of the Criminal Code and carries the same penalties and defences described on this page. Provincial statutes such as the Ontario Highway Traffic Act also contain their own failing to remain offences, which can be charged instead of, or alongside, the criminal offence.

Q: Must there be damage or injury before a person is required to stop a vehicle and render assistance?

The term "accident" within section 320.16 of the Criminal Code of Canada does not require any real physical damage before a person is obligated to stop and offer assistance. Rather, an accident will be deemed to have occurred when any form of contact is initiated between two vehicles or between the vehicle and another person and not only where damage or injury occurs.

Q: Can the duty to remain at the scene of an accident be delegated to another person?

Section 320.16 of the Criminal Code of Canada imposes a personal obligation on the person involved in the accident to remain at the scene for the purpose of providing assistance and their personal information as required by law. This duty cannot be delegated to others such as the passenger of the vehicle involved in the accident unless there is a very pressing reason to justify the failure to remain and offer assistance. For example, a person who requires immediate medical attention may be justified in leaving the scene of an accident without providing their information to others involved in the accident.

Written by Daniel Brown

Failing to stop or remain at the scene of a traffic accident is an offence under section 320.16 of the Criminal Code. It is commonly called leaving the scene of an accident, fleeing the scene of an accident, or a hit and run — all of these describe the same criminal charge. Failing to remain charges often arise alongside other driving offences such as impaired driving or dangerous driving.

This article summarises the Criminal Code offence. In most provinces a provincial driving statute such as the Ontario Highway Traffic Act may also regulate failing to remain at the scene of an accident; this page explains how the Ontario offence differs, because the two are often confused.

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See the defences

The charge: Criminal Code s. 320.16
Crown must prove: You knewof the accident, or were reckless about it
Maximum sentence: 10 years14 years with bodily harm; life if a death
Your licence: Suspended 1 year+Automatic Ontario suspension on conviction

What does the Crown have to prove for failing to remain at the scene?

To obtain a conviction for failing to stop at the scene of an accident, the prosecutor must prove every one of these four things beyond a reasonable doubt. If any one of them is not proven, the charge fails.

1. You operated a conveyanceYou drove, or had care or control of, a motor vehicle, vessel, aircraft or railway equipment.Answered by: you were not the driver

2. An accident with a person or another conveyanceAny contact is enough. No damage or injury has to result.Answered by: no other person or vehicle was involved

3. You knew, or were recklessYou knew the vehicle had been in an accident, or were reckless about whether it had.Answered by: you did not know

4. You failed to stop, identify yourself or helpWithout reasonable excuse, you did not stop, give your name and address and, if anyone was hurt, offer assistance.Answered by: you stopped, or had a reasonable excuse

Key considerations

Any contact counts as an accident

No real physical damage is needed. Contact between two vehicles, or between a vehicle and a person, is enough to trigger the duty to stop.

Knowledge, not intent to escape

The duty to stop arises once the driver knows, or is reckless about whether, an accident happened. Since the 2018 overhaul of the Criminal Code's driving offences, the Crown no longer has to prove the driver meant to escape civil or criminal liability.

The duty is personal

A passenger cannot stop and give information on the driver's behalf, unless there is a very pressing reason, such as a driver who needs immediate medical attention.

Criminal Code or Highway Traffic Act: which fail to remain charge is it?

Ontario drivers can face two different failing to remain offences. They carry very different consequences, so the first question is which one you have been charged with.

Criminal Code, s. 320.16

A criminal offence

A conviction brings a criminal record.
Applies to an accident with a person or another conveyance.
The Crown must prove you knew of the accident, or were reckless about it.
Duties: stop, give your name and address, and offer assistance if anyone is hurt.
Up to 10 years in jail; 14 years with bodily harm; life if a death.

Highway Traffic Act, s. 200

A provincial offence

No criminal record, though a conviction still carries real penalties.
Applies to any accident on a highway, including one involving only your vehicle. An opening car door that strikes a cyclist counts.
Duties: remain at or immediately return to the scene, render all possible assistance and, on request, give in writing your name, address, licence, insurance, owner and permit details.
A fine of $400 to $2,000, up to six months in jail, or both, and a licence suspension of up to two years.

Provincial statutes such as the Ontario Highway Traffic Act also contain their own failing to remain offences, which can be charged instead of, or alongside, the criminal offence.

What are the defences to leaving the scene of an accident?

Each defence answers one of the four things the Crown must prove. Which ones apply depends on the evidence in your case.

Blueprint drawing of a timeline of frames beside a stopwatch, one frame outlined in orange

You were not the driver

Answers step 1

The Crown must prove who was operating the vehicle. A licence plate traced to a registered owner does not, on its own, prove who was behind the wheel.

No accident with a person or another vehicle

Answers step 2

The Criminal Code only requires a driver to remain at the scene of an accident if another person or conveyance was also involved in that accident. A single-vehicle collision with no one else involved does not meet that test, although a Highway Traffic Act charge may still apply.

You did not know there was an accident

Answers step 3

A driver only has an obligation to stop once they are aware an accident has occurred. Not knowing you struck another person or vehicle is a defence, as long as you were not reckless about whether an accident had occurred.

You stopped, or had a reasonable excuse

Answers step 4

A driver who stopped and communicated their name and address in a meaningful way, and offered help where it was needed, has met the duty. Leaving to get help, or because you needed urgent medical care, can be a reasonable excuse.

A related charge changes the picture. Failing to remain is often laid with dangerous driving or impaired driving, and each charge has to be answered on its own elements.

What are the penalties for leaving the scene of an accident?

The criminal offence and the provincial offence are sentenced under different laws, and only the criminal offence leaves a criminal record.

Criminal Code offence
Charge	Maximum jail	Minimum	Driving prohibition
Failing to stop after an accidents. 320.16(1)	10 years	None	Up to 10 years
Where you knew of bodily harms. 320.16(2) — or were reckless about it	14 years	$1,000 fine; 30 days for a second offence, 120 days after that	Up to 10 years
Where you knew of a deaths. 320.16(3) — or were reckless about it	Life	$1,000 fine; 30 days for a second offence, 120 days after that	Any length

Maximums and minimums are set out in Criminal Code ss. 320.19(5), 320.2 and 320.21, and driving prohibitions in s. 320.24. The prohibitions shown are the maximums on indictment, plus any time sentenced to jail; they are shorter if the Crown proceeds summarily. If the Crown proceeds summarily on the basic offence or the bodily harm offence, the maximum is a $5,000 fine, two years less a day in jail, or both. The death offence can only be prosecuted by indictment.

Highway Traffic Act offence (provincial, no criminal record)
Charge	Fine	Jail	Licence
Failing to remainHTA s. 200	$400 to $2,000	Up to 6 months	Suspension up to 2 years

On top of any sentence, a conviction for the Criminal Code offence brings an automatic Ontario licence suspension under Highway Traffic Act s. 41: one year for a first conviction, three years for a second within ten years, and indefinitely for a third. A judge sets the Highway Traffic Act s. 200 penalties within the ranges above.

Why choose Daniel Brown Law for a fail to remain charge?

A failing to remain case is usually won on two questions: who was driving, and what did the driver know.

We test who was driving and what they knew

Identification evidence, the timeline, the physical evidence on the vehicles and every witness account get tested. If the Crown cannot prove who was behind the wheel, or that the driver knew of the collision, the charge fails.

A nationally recognized defence firm

Daniel Brown Law is a leading Canadian criminal defence firm. Canadian Lawyer ranks it among Canada's top criminal law boutiques, The Globe and Mail names it one of Canada's Best Law Firms, Best Law Firms ranks it Tier 1 for criminal defence, and Toronto Star readers have repeatedly voted it Best Law Firm and Best Legal Services.

Your licence is part of the strategy

A Criminal Code conviction means a criminal record and an automatic licence suspension. Where the evidence supports it, we push for a withdrawal, or a resolution to a provincial Highway Traffic Act charge that carries no criminal record.

Trial and appeal experience

We run these cases to trial when the evidence deserves it, and we handle criminal appeals, including applications to suspend a driving prohibition while an appeal is heard.

How has the profession recognized Daniel Brown Law?

Daniel Brown Law is ranked among Canada's top criminal law boutiques by Canadian Lawyer, listed by The Globe and Mail and Best Law Firms for criminal defence, and voted Best Legal Services by Toronto Star readers. Five of its lawyers are recognized by Best Lawyers in Canada for criminal defence.

The Globe and Mail Best Law Firms 2026, Criminal Law

Best Law Firms: Criminal Law

The Globe and Mail, 2026

Top Criminal Law Boutique

Canadian Lawyer, 2026–27

Criminal Defence, Tier 1

Best Law Firms Canada, 2026

Best Lawyers in Canada

Criminal Defence, 2027

Crime, Nationwide

Chambers Canada, 2027

Toronto Star Readers’ Choice

Best Law Firm and Best Legal Services, repeat winner

Daniel Brown, the firm's founder, is the author of Prosecuting and Defending Sexual Offence Cases (3rd Edition, Emond Publishing's Criminal Law Series), has authored articles for legal journals, and contributes commentary on criminal law to The Toronto Star and other major Canadian news outlets.

The firm and its lawyers have been repeatedly recognized for excellence in criminal defence:

Best Lawyers in Canada — Criminal Defence — Daniel Brown, Hilary Dudding, Mark Halfyard, Lindsay Board and Colleen McKeown
Canada's Top Criminal Law Boutiques 2026–27 — Canadian Lawyer Magazine
Best Law Firms 2026 — Criminal Defence and Appellate Practice (Best Lawyers / Best Law Firms)
Canada's Best Law Firms 2026 — The Globe and Mail (Report on Business)
Toronto Star Readers' Choice Awards — Best Law Firm and Best Legal Services, repeat winner
Certified Specialists in Criminal Law — Law Society of Ontario (Daniel Brown and Mark Halfyard — fewer than 2% of Ontario criminal lawyers hold this designation)

Our lawyers in the news

Our lawyers are regularly asked by the media to explain what happens when a driver leaves the scene.

Hit-and-run cases we have defended

The Globe and Mail, “Toronto businesswoman cleared of charges related to fatal laneway collision”
Toronto Star, “Toronto woman cleared in hit-and-run case won’t shy away from being a Good Samaritan again. ‘I don’t really see how I could have done it differently’”

Commentary on leaving the scene

Toronto Star, “Lawyers weigh in on case of fatal hit-and-run driver who says he saved woman’s life”
Toronto Star, “‘You’re my angel, you saved me!,’ woman shouted to driver charged in fatal hit and run”

What happens after a fail to remain charge?

The earlier a lawyer sees the evidence, the more options you have.

Court sketch of defence counsel making submissions at the lectern while Crown counsel and the judge look on

Arrest and release

Police may release you with a court date, or hold you for a bail hearing. Release conditions can include not driving.
First appearance and the start of disclosure

Your first appearance begins the disclosure process rather than completing it. Collision reports, witness statements, photographs and any video or vehicle evidence often arrive over time.
Testing the evidence

We look at who was driving, whether the driver knew of the collision, and whether there was contact with a person or another vehicle at all.
Resolution or trial

Some cases are withdrawn or resolved to a different charge, such as a Highway Traffic Act offence. Others go to trial.
Appeal, if needed

A conviction or sentence can be appealed, and in some cases a driving prohibition can be suspended while the appeal is heard.

What else do people ask about leaving the scene of an accident?

Full answers to the questions we hear most often, grouped by topic.

The offence

How does the prosecutor prove I failed to stop at the scene of an accident?

To obtain a conviction for failing to stop at the scene of an accident, the prosecutor must prove beyond a reasonable doubt that:

the accused operated a conveyance (which includes a motor vehicle);
that the conveyance was involved in an accident with a person or another conveyance;
that the operator of the conveyance knew or was reckless as to whether the conveyance had been involved in an accident; and
the accused failed to do all of the following things following the accident without a reasonable excuse:
1. stop the vehicle;
2. give his or her name and address; and
3. where any person has been injured or appears to require assistance, offer assistance to that person.

Is it a criminal offence to fail to remain at the scene of a single motor vehicle accident?

There is no legal requirement imposed by the Criminal Code of Canada to remain at the scene of an accident involving only a single motor vehicle as long as there are no injuries to any passengers of that vehicle. The Criminal Code only requires a driver to remain at the scene of an accident if another person or conveyance was also involved in that accident.

The Ontario Highway Traffic Act is broader. Its duty to remain applies to any accident on a highway, including a collision involving only one vehicle, so leaving a single-vehicle collision can still lead to a provincial charge under s. 200.

Is a hit and run the same as failing to remain at the scene of an accident?

Yes. "Hit and run" is the everyday term for what the Criminal Code calls failing to stop or remain at the scene of an accident. There is no separate offence called hit and run in Canadian law. Whether the police describe it as a hit and run, leaving the scene of an accident, or fleeing the scene, the charge is laid under section 320.16 of the Criminal Code and carries the same penalties and defences described on this page. Provincial statutes such as the Ontario Highway Traffic Act also contain their own failing to remain offences, which can be charged instead of, or alongside, the criminal offence.

Must there be damage or injury before a person is required to stop a vehicle and render assistance?

The term "accident" within section 320.16 of the Criminal Code of Canada does not require any real physical damage before a person is obligated to stop and offer assistance. Rather, an accident will be deemed to have occurred when any form of contact is initiated between two vehicles or between the vehicle and another person and not only where damage or injury occurs.

Must the driver stop if they are in an accident with an unoccupied vehicle?

Even in cases where there is no occupant in the other vehicle (such as a parked car), there is still an obligation for the driver to stop and make efforts to locate the driver or leave their personal information. A failure to stop and make such efforts could result in a conviction.

Duties at the scene and defences

What personal information must be shared with the other party at the scene of an accident?

A person involved in an accident involving another person or vehicle must communicate his name and address in some meaningful and effective way to bring home to the other party that information, so that he or she may follow it up with the police or by pursuing a civil claim, knowing that he or she has the right person. Once this is done, the person has discharged their duties at the scene, provided they have also offered assistance to anyone who has been injured or appears to need it.

The Ontario Highway Traffic Act asks for more. On request, a driver must give in writing their name, address, driver's licence number and jurisdiction, insurer and policy number, the name and address of the vehicle's registered owner, and the vehicle permit number.

Can the duty to remain at the scene of an accident be delegated to another person?

Section 320.16 of the Criminal Code of Canada imposes a personal obligation on the person involved in the accident to remain at the scene for the purpose of providing assistance and their personal information as required by law. This duty cannot be delegated to others such as the passenger of the vehicle involved in the accident unless there is a very pressing reason to justify the failure to remain and offer assistance. For example, a person who requires immediate medical attention may be justified in leaving the scene of an accident without providing their information to others involved in the accident.

What if a person leaves the scene briefly before returning?

The Court will look at the reason why a person left the scene of an accident to determine whether they had a good justification for their actions. If the Court concludes that the person left to obtain assistance and not to evade responsibility, that can amount to a reasonable excuse, and they should be found not guilty of the offence. The Highway Traffic Act expressly requires a driver to remain at, or immediately return to, the scene.

What if the driver did not know an accident has occurred – is he still guilty if he didn't stop?

A driver only has an obligation to stop once he is aware an accident has occurred. It is a valid defence to the charge of failing to stop at the scene of accident to say that the driver was unaware he has struck another person or vehicle as long as the driver wasn't reckless about whether an accident had occurred.

Penalties and appeals

What are the penalties for failing to stop at the scene of an accident?

The penalties for failing to stop at the scene of an accident can range from no time in jail to a maximum of life in jail. If a person is injured or killed and the driver knew it, or was reckless about it, there is a minimum punishment of a $1,000 fine (which includes a criminal record) for a first offender, 30 days in jail for a second offence and 120 days for each offence after that. The maximum is 14 years in jail where a person was injured, and life in jail where a person was killed. The maximum punishment for all other cases is ten years in jail with no minimum punishment.

During the sentencing phase, the judge may also consider suspending an accused person's driver's license for a period of time in addition to jail or a monetary fine. In all cases, a judge will assess the specific facts of the allegation that is before them and the history of the person being sentenced.

The Ministry of Transportation in Ontario will automatically suspend a person's driver's license for a period of 12 months upon conviction for failing to remain at the scene of an accident regardless of any further sanctions the Court imposes as a penalty. A second conviction within ten years brings a three-year suspension, and a third an indefinite one.

Can I appeal a conviction or sentence for failing to stop or failing to remain?

It is always possible to appeal a conviction or sentence for any charge including failing to stop at the scene of an accident. To read more about the criminal appeal process read: Appealing a criminal conviction or sentence. In some instances, it is also possible to suspend a driving prohibition in order to get back a drivers license pending the outcome of the appeal.

Charges we defend

Learn more about some of the charges we defend. We defend more than what we have written blog articles about.

Charged with leaving the scene of an accident?

If you, or someone you know has been charged with failing to remain at the scene of an accident under section 320.16 of the Criminal Code of Canada, you should speak with a criminal lawyer to discuss the available defences to this charge. Daniel Brown Law can be reached at (416) 297-7200 for a consultation.

If you or someone you know has been criminally charged with failing to remain at the scene of an accident, contact a criminal lawyer. The lawyers at Daniel Brown Law can be reached for an immediate consultation at (416) 297-7200.