Fail to Remain – What To Do and Not To Do

Fail to Remain or Failure to Remain is a serious criminal offence that can be filed against you under the Criminal Code of Canada and the Highway Traffic Act of Toronto if you’ve been involved in a motor vehicle and simply left despite having injured someone, regardless of who may be at fault.

When Is Fail To Remain Applicable?

There is no requirement to stay on the scene of a motor vehicle accident after it happened when no one has been injured or no property has been damaged. However, simply leaving without providing your name and contact details after causing damage to another vehicle or hurting another person is considered a criminal act.

What To Do When Involved in A Motor Vehicle Accident?

The legal and responsible thing to do will be to give your name and contact number to the other party involved so any damages/insurance claims can be settled. Once this is done, you are considered discharged from your legal duties regarding the incident.

Is It Okay to Delegate Responsibility?

Remaining at the scene of the accident is the personal responsibility of the person who was driving when the incident took place, hence, it cannot be delegated to a relative, friend, or companion.

Is It Wrong to Momentarily Leave the Scene of the Accident?

Leaving the scene of the incident to look for assistance or to help bring injured persons to emergency care may be looked over once it is proven that leaving the scene wasn’t done to evade criminal and/or civil responsibility.

What if The Incident Involved No Person, Just Property?

In instances wherein the accident happened involving a parked car, legal responsibility remains the same. Failing to stay can result in a conviction.

What If The Driver Wasn’t Aware Of The Accident?

If the driver wasn’t aware of the accident and that was proven as a fact, then there will be no conviction.

Fail to Remain is a serious criminal offence that can get up to 10 years of jail time. It is very important to cooperate with the law and face your legal responsibilities with the best defence lawyer that you can afford to present your side, more so if you’re appealing to the court. Calvin Barry can help you handle Fail to Remain charges in Toronto. Contact Calvin Barry if you need help from a criminal defence lawyer today!