Hit and Run Lawyer in Hamilton


No one drives with the intent of crashing into another driver or pedestrian. However, due to negligence or misconduct of someone else, one gets involved in road accidents. This is understandable to an extent. But there are some who flee the scene of the crash right after striking another vehicle or person. This is not acceptable, at all!

It’s a criminal offence, and an offence under the Highway Traffic Act to flee the scene of a car accident; especially one where somebody has been hurt in a car accident.

Legal Definition of Hit and Run

The Criminal Code of Canada (Section 252).

Failure to stop at scene of accident

252. (1) Every person commits an offence who has the care, charge or control of a vehicle, vessel or aircraft that is involved in an accident with

(a) another person,
(b) a vehicle, vessel or aircraft, or
(c) in the case of a vehicle, cattle in the charge of another person, and with intent to escape civil or criminal liability fails to stop the vehicle, vessel or, if possible, the aircraft, give his or her name and address and, where any person has been injured or appears to require assistance, offer assistance.

Penalty for Fail to Remain

Under the Criminal Code of Canada

  • fines
  • criminal record for life
  • licence suspension/prohibition for 1 – 3 years
  • jail up to 5 years for serious offences/incidents
  • possible probations, restitution or other conditions

 Highway Traffic Act – “Fail to remain or stop“

Under the Highway Traffic Act, when an accident occurs, every person in charge of a vehicle that is directly or indirectly involved in the accident must:

  • remain at or immediately return to the scene of the accident
  • render all possible assistance; and
  • upon request provide pertinent information to anyone sustaining loss or injury or to any police officer or to any witness such as:
  • his or her name, address, driver’s licence number, vehicle liability insurance company name and policy number, name and address of the registered owner of the vehicle and the vehicle permit/registration number.

Penalty for Fail to Remain

Under the Highway Traffic Act

  • jail up to 6 months
  • fine between $400 to $2,000
  • 7 demerit points.
  • 30 day suspension for G1 and G2 drivers
  • possible licence suspension for up to 2 years all drivers
  • 100% increase for insurance rates

Hit and Run Legal Defenses

Whenever you are facing criminal charges for a hit and run, talk to an experienced lawyer who has dealt with similar cases in the past. A lawyer is instrumental in the development of a strong defense for your case.

Some of the tried and tested legal defenses an attorney can use in your defense include:

Lack of knowledge

Knowledge is an important component of establishing someone’s fault in a hit and run. Of course, it is difficult to establish that you were totally unaware that you caused injury to someone else, or damage, with your vehicle.

Fear of Safety

People who are in fear for their lives are given leeway in many criminal cases. Killing someone, for instance, is usually not considered ‘murder’ if a person was in legitimate fear of their life. This is also a plausible defense in the case of a hit and run. If a person is on a rough side of town, for example, and they believe that they’re being set up to be robbed, they have a legitimate excuse for leaving. Also, if the driver believes they are at risk of harm from the other driver, they will likely have a legitimate defense. The main issue here is whether or not a ‘reasonable person’ would’ve had the same fear if put into a similar situation.

Private Property

Statutes determine what constitutes a hit and run, and some provinces’ statutes say that drivers can be convicted of the crime only if the accident occurred on a public road. Other provinces’ laws aren’t as clear. But courts have tended to hold that, if a statute doesn’t refer to public roads, drivers can be convicted of hit and run for incidents on private property. (A couple examples of private property are store parking lots and residential driveways.)

You Did Not Willfully Leave the Scene

You have a valid hit and run defense if you did not willfully leave the scene of the accident. For example, you were knocked unconscious in the course of the accident, and one of your passengers panicked, pushed you out of the driver’s seat, and sped away. Although a hit and run occurred while you had been driving, your failure to stop was not willful.

You were in an emergency

If you were driving to the hospital or responding to an emergency, maybe because your pregnant wife was in labor, you may be able to justify why you couldn’t stop after hitting another person’s property or lacked knowledge of an accident ever occurring.

Involuntary Intoxication

Another hit and run defense is that of involuntary intoxication. This is incredibly difficult to prove, but it has been successful in the past. Involuntary toxication means that you were unknowingly drugged, which led to intoxication and the subsequent accident. A lot of evidence will need to be included in your case in order to show the judge that you were drugged and it led to your hit and run crash.

Get a Legal Help

While many may believe that hit and run cases are simple, there are many technical defenses and legal strategies, which are effective against hit and run charges. It is in your best interest to acquire the services of  Hit and Run Defense Attorneys network who have the legal skills and background necessary to successfully fight hit and run charges. Essentially, hiring legal representation in the early stages of the case can make the difference between facing criminal charges and potential prison time versus avoiding a criminal defense case altogether.

Our Process

Our Process

1. Planning The Case

Up to 45% of a merchant’s budget is spent on commissions charge by a number of brokers, including banks.

2. Evaluate Situation

These apps run on a custom built blockchain, an enormously powerful shared global infrastructure.

3. File The Case To The Court

Samsa was a travelling salesman – and above it there hung a picture that he had recently cut out of an illustrated.

4. Gather More Information

These apps run on a custom built blockchain, an enormously powerful shared global infrastructure that can move value.



Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there.

Legal Protection

Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there.

We Take Care

Far far away, behind the word mountains, far from the countries Vokalia and Consonantia, there.

Planning The Case

Evaluate Situation

File The Case To The Court

Gather More Information

Let us help you!

If you need any helps, please feel free to contact us. We will get back to you with 1 business day. Or if in hurry, just call us now.

Call us: 289-203-1144

Email us

Are you looking for someone to help?