Failing to Remain at the Scene of an Accident (s.200 and s.216)

Failing to remain at the scene of accident is one of the most serious offences under the Highway Traffic Act. Where an accident occurs on a highway, every person in charge of a vehicle or street car that is directly or indirectly involved in the accident shall,

1. 1. remain at or immediately return to the scene of the accident;
   2. render all possible assistance; and
   3. upon request, give, in writing, to anyone sustaining loss or injury or to any police officer or to any witness his or her name, address, driver’s licence number and jurisdiction of issuance, motor vehicle liability insurance policy insurer and policy number, name and address of the registered owner of the vehicle and the vehicle permit number.

Failure to do the above is an offence and subject to punishment on conviction. The penalty includes a fine of not less than $400 and not more than $2,000 or to imprisonment for a term of not more than six months, or to both, and in addition the person’s licence or permit may be suspended for a period of up to 2 years.

If there is no suspension of the driver’s licence ordered by the court, seven demerit points will be added to your driving record. Your driver’s licence could be suspended if you accumulate too many points. For detailed information about how the demerit point system works, please refer to “Demerit Point”.

Failing to remain at the scene of an accident is a strict liability offence. A defence of due diligence is available. If you had an honest belief in a state of facts, responsibly and not negligently and it would rendered the act innocent. Common law defence are also available on a case-by-case basis. The existing emergency or necessity could be a legitimate excuse for you to leave the accident scene. There are also other possible defences.