Legal Question in Traffic Law in Canada

I was in a car accident it swerved to miss a deer and ended up in the ditch.

I was soaked up to my chest in water and it was cold out. I had no phone and was on a quiet road late at night. I walked to the nearest farm and got help and they drive me home where I got warm and fell asleep..I woke up and reported it to police to find I was being charged with failure to report an accident not failure to remain at the scene which is worse.

Do I have a case to fight this charge as I was in an emergency situation with no way to contact anyone at the scene. Would it not seem reasonable to do what I did?


Asked on 4/28/14, 7:19 pm

1 Answer from Attorneys
Kenneth Golish Golish, Kenneth W.

The law of Ontario says this about accidents.

199. (1) Every person in charge of a motor vehicle or street car who is directly or indirectly involved in an accident shall, if the accident results in personal injuries or in damage to property apparently exceeding an amount prescribed by regulation, report the accident forthwith to the nearest police officer and furnish him or her with the information concerning the accident as may be required by the officer under subsection (3). R.S.O. 1990, c. H.8, s. 199 (1); 2002, c. 17, Sched. F, Table.

Assuming the accident involved damage to your vehicle exceeding $1,000, it was your duty to report the accident forthwith, meaning, that you had to make a report within a reasonable time having regard to all of the circumstances of the case. You therefore appear to have a good argument

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Answered on 4/29/14, 6:39 am


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