Are you wondering how long you can be charged or sued in Canada after a hit-and-run accident? Car accidents are an unfortunate fact of life on Canadian roads nationwide, injuring and killing hundreds of drivers, passengers, and pedestrians alike every year. 

While some accidents can be blamed on bad weather or poor road conditions, the negligence of one or more drivers involved in a crash often accounts for many motor vehicle collisions.

Being involved in a car accident in Canada can have consequences that follow you around for years, significantly if someone is injured or killed or if the crash causes any property damage. 

Having adequate insurance to cover any damages that might arise from a car accident is essential. But dealing with your insurance company might be the least of your worries, especially if you’ve been involved in a hit-and-run accident.

If you’re involved in a car accident in Canada and leave the crash scene, the legal fallout of getting caught can mean losing your driver’s licence, fines, jail time, and civil lawsuits. 

Face jail time and fines

In other words, fleeing the scene of a car crash in Canada can cost you money and lose your driving privileges and, quite possibly, your freedom.

For fleeing the scene of an accident, you can face jail time and fines. You can be charged under the Criminal Code of Canada while also being on the hook for penalties under provincial motor vehicle legislation. 

With that in mind, getting the right lawyer to represent you if you’ve been involved in a hit-and-run accident can’t be underestimated. Not only can they tell you how long after a hit-and-run accident you can be charged, but they can also lay out a range of legal options available whether you’re the victim in the situation or the perpetrator.

The sections of the Criminal Code that deal with car accidents refer to the operation of “conveyances,” which could mean a motor vehicle, a boat, an airplane, or a train. People involved in hit-and-run accidents in Canada can be charged with several offences depending on the severity of the crash and whether any injuries or property damage happen. 

Criminal Code of Canada Offences and Possible Punishments

The Criminal Code of Canada outlines the offences which commonly factor in whether a driver’s conduct is “dangerous to the public.” The Code states: 

Dangerous operation

1) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public.

Operation causing bodily harm

(2) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes bodily harm to another person.

Operation causing death

(3) Everyone commits an offence who operates a conveyance in a manner that, having regard to all of the circumstances, is dangerous to the public and, as a result, causes the death of another person.

However, the Criminal Code spells out several offences related to motor vehicles, and people who cause accidents can be charged with one or more depending on the circumstances of the crash. 

While offences under the Criminal Code vary, they all deal with the duties and obligations drivers are under when they hit the road in Canada.

After an accident, the responsible driver could be charged with criminal negligence or dangerous driving, especially if the crash caused injuries or death. 

After a hit-and-run

Failing to stop after an accident or “fleeing the scene” also carries legal consequences. You can also be charged criminally for driving with a suspended licence, fleeing from police if they try and pull you over, or refusing to provide a breath sample when suspected of drunk or “impaired” driving.

Driving while impaired by drugs and alcohol will undoubtedly compound an offender’s legal troubles if caught after a hit-and-run accident, but driving. In contrast, the impaired don’t require someone to take drugs or chug cans of beer before getting behind the wheel. 

Motor Vehicle Offences Under the Criminal Code of Canada

Impairment can also mean a driver was fatigued and falling asleep at the wheel. In those cases, a driver who causes an accident can blow a zero on a breathalyzer test and have their blood come back clean of intoxicating substances, yet still face charges for impaired driving for getting in their car while suffering from fatigue or simple tiredness.  

Provincial Motor Vehicle Legislation

Each province in Canada has legislation governing drivers’ conduct in their respective jurisdictions. In British Columbia, the legislation is called the Motor Vehicle Act.

B.C.’s Motor Vehicle Act spells out several duties placed on drivers involved in accidents. Drivers must remain at the scene of an accident or “immediately return” to it should they need to leave after a crash. They must also help other drivers involved in the crash by rendering “all reasonable assistance.”

The MVA also requires those involved in accidents to give their name and address, the name and address of the owner of the vehicle, and their licence plate number in writing to any “other driver involved in the accident and to anyone sustaining loss or injury, and, on request, to a witness.” 

After a hit-and-run

Drivers must also provide their insurance information to one another after an accident. If an accident involves a parked car, the British Columbia MVA states that a “driver or operator or any other person in charge of a vehicle that collides with an unattended vehicle must stop.”

You must then find the owner of the damaged vehicle or leave a note “in a conspicuous place” providing your name, address, and licence plate number. The MVA also places a similar duty on drivers if they cause “damage to property on or adjacent to a highway.” 

Consequences of Motor Vehicle Act Convictions

If convicted of an offence under the MVA, you must surrender your driver’s licence to the Insurance Corporation of British Columbia. A first offence will see a driver’s privileges suspended for a year, while a second conviction within a decade will result in a three-year driving prohibition. A third offence, though, carries a hefty price. 

A court may impose fines and require those convicted of impaired driving to take a responsible driving course and install a costly ignition locking system. At the same time, RoadSafetyBC can issue its prohibitions under its “driver improvement program.” Those with Motor Vehicle Act convictions also face higher insurance costs and “pay a driver risk premium.” 

Collecting data on traffic collisions in Canada

Transport Canada has been collecting data on traffic collisions in Canada since the 1970s. It notes that 2019 saw a “notable decrease” in the number of people hurt and killed on Canadian roads since it began compiling the statistics.

According to the federal agency, 1,762 people died in 2019 from motor vehicle-related causes, down about nine percent from the year before, which saw 1,939 people killed on the road. In addition, just more than 8,900 people were seriously injured in car accidents in 2019, down from 9,463 in 2018. 

Those numbers, though, include injuries and deaths of drivers, passengers, cyclists, and pedestrians. The recent statistics, however, starkly contrast to the situation on Canadian roads in the early 2000s.

For example, in the year 2000, more than 15,500 people suffered “serious injuries” related to motor vehicle accidents, while more than 2,900 people lost their lives.

While the situation has been steadily improving over the last two decades, dangers faced by drivers and pedestrians on Canadian roads remain a constant concern, even with more people working from home and skipping long and costly commutes. 

Ontario’s Highway Traffic Act

In Ontario, drivers who flee the scene of an accident can face stiff penalties if caught by police. You can be charged up to six months after a crash happens at a personal injury firm.

The firm’s website warns that police can investigate the cause of a crash and find those who flee easier than you might think. Those who flee the scene of an accident in Ontario could face fines up to $2,000, up to six months in jail, and a two-year driver’s licence suspension. 

Hit and Run Accidents Civil vs. Criminal Liabilities

Civil lawsuits involving car crashes typically must be filed within two years of an accident. Still, there are exceptions should an accident victim develop injuries arising from the crash even years down the road, for lack of a better expression.

Most law firms will recommend reporting a hit-and-run to the police and your insurance company as soon as possible. The faster police can begin an investigation, the likelier they are to catch a hit-and-run driver. At the same time, your insurance company will assign an adjuster to assess the damage immediately. 

Even as Canadian roads have gotten safer over the past 20 years, drivers, passengers, pedestrians, and cyclists still face potent dangers every time they hit the pavement with their wheels or feet. Though most drivers will own up to their mistakes and remain at the scene of a crash they’ve caused, being involved in a hit-and-run accident can be life-changing for both victims and perpetrators. 

After a hit-and-run conclusion

With hundreds of people getting injured or killed on the roads every year, it’s vital to be informed on just how to deal with a hit-and-run accident to ensure you’re compensated fairly for any injuries and represented adequately if you find yourself standing accused of a hit-and-run.

Car accidents, especially hit-and-run accidents where you can be charged criminally months or even years later, can be personally, professionally, and financially devastating to those involved.