A comprehensive look at the serious criminal offense of failing to stop after a conveyance accident.

Failure to Stop After an Accident

Criminal Code Provision: Section 320.16(1)

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.

Understanding Failing to Stop After an Accident

Following an accident involving another vehicle, a pedestrian, a cyclist, or property, the driver has certain legal responsibilities:

• Stop immediately at the scene
• Provide personal details (name, address, driver’s license, insurance information).
• Provide appropriate help if an individual is hurt (e.g., contacting emergency services).

Neglecting to perform any of these actions may lead to criminal charges. Crucially, you don’t need to cause the crash — just being part of it and departing the location is sufficient.

Common Examples Include:

• Striking a parked car and departing without providing any contact details.
• Hitting a cyclist or pedestrian and escaping due to fear of repercussions.
• Being part of an accident and leaving the scene to evade impaired driving charges.

Sentencing for Fail to Stop

This is a hybrid offence, but penalties can be severe depending on the outcome of the accident.

• No injury and is a basic offence – if prosecuted summarily, the maximum sentence is 2 years less a day, and if prosecuted by indictment, the maximum sentence of 10 years.
• Fail to stop causing bodily harm – maximum 14 years imprisonment
• Fail to stop causing death – maximum life imprisonment

Other consequences could include mandatory driving prohibitions, a criminal record, and civil liability for damages.

Leading Case of Failure to Remain After the Accident

In the case of R. v. Firth, 2017 ONCA, the defendant hit a cyclist, resulting in major injuries, and escaped the location. The Ontario Court of Appeal affirmed that the obligation to stop is urgent and unconditional, and drivers cannot depart merely out of fear of repercussions or anxiety. Fear or panic cannot be a defense. Drivers are mandated by law to halt, provide their identification, and assist those who are injured.