What Is Failure to Stop After Accident?
Failure to Stop After Accident is charged under section 320.16 of the Criminal Code of Canada. It applies when the operator of a conveyance involved in an accident fails to stop, offer assistance where anyone is injured, and provide their identifying information, with knowledge that the vehicle was involved in an accident.
This is more serious than the provincial “Fail to Remain” charge, and typically arises where:
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The accident involved injury to another person.
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There’s an allegation the driver fled specifically to avoid liability or detection (e.g., avoiding an impaired driving investigation).
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The circumstances suggest more than simple oversight or confusion.
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Failure to Stop After Accident is a hybrid offence. When the Crown proceeds by summary conviction, this is a charge Vertex Legal Solutions PC can represent you on.
Potential Consequences
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Criminal record.
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Driving prohibition.
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Fines.
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Jail time — up to 2 years less a day on summary conviction (significantly higher penalties apply if bodily harm or death resulted and the Crown proceeds by indictment).
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Probation.
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Increased insurance premiums.
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No demerit points — unlike the provincial Fail to Remain charge (which carries 7 demerit points), this Criminal Code offence does not add points to your licence. The criminal record and driving prohibition are the more serious consequences here.
Because this offence is often linked to suspicion of an underlying issue (like impaired driving), it’s important to understand exactly what the Crown needs to prove and what evidence they actually have.
How Vertex Legal Solutions PC Can Help
A Failure to Stop charge can carry an assumption that you were trying to “get away with something,” even where that’s not what happened. We work to make sure the full context of the incident is understood and fairly represented.
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Reviewing whether you had actual knowledge of the accident, a required element of the offence.
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Examining the connection (if any) to other suspected offences, such as impaired driving.
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Challenging witness identification and vehicle/driver evidence.
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Negotiating resolutions, including potential reduction to the provincial Fail to Remain charge where circumstances allow.
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Representing you in court for this charge when proceeding summarily.
If you’ve been charged with Failure to Stop After an Accident, contact
Vertex Legal Solutions PC to discuss your options.
Vertex Legal Solutions is licensed by the Law Society of Ontario. General information, not legal advice.