Difference between revisions of "Duties after a Motor Vehicle Collision (13:IV)"

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Duties after a Motor Vehicle Collision (13:IV) (view source)

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=== 2. Criminal Code Provisions ===
=== 2. Criminal Code Provisions ===


Under ''Criminal Code'' s 252(1), it is an offence for a driver involved in an accident with (a) a person, (b) a vehicle, vessel or aircraft, or (c) cattle in the charge of another person to fail to remain at the scene of an accident with the requisite intent of escaping civil or criminal liability. From s 252(2), “in the absence of any evidence to the contrary,” the failure to stop raises a presumption of intent to escape civil or criminal liability. However, if a person charged with a criminal offence can show that he or she left the scene without an intent to escape criminal or civil liability, that person is entitled to an acquittal: ''R. v. Chase'', 2005 CarswellBC 1793, 2005 BCSC 1080. A person who is convicted for failing to remain at the scene of an accident is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years or is guilty of an offence punishable on summary conviction (s 252(1.1)).
Under ''Criminal Code'' s 320.16(1), “everyone commits an offence who operates a conveyance and who at the time of operating the conveyance knows that, or is reckless as to whether, the conveyance has been involved in an accident with a person or another conveyance and who fails, without reasonable excuse, to stop the conveyance, give their name and address and, if any person has been injured or appears to require assistance, offer assistance.”


== B. Provide information ==
== B. Provide information ==
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=== 1. Duty to Provide Information Under the Motor Vehicle Act ===
=== 1. Duty to Provide Information Under the Motor Vehicle Act ===


If asked, the owner or a person in a motor vehicle that a peace officer believes has been involved in an accident or a violation of the ''Motor Vehicle Act'', must provide any information respecting the identity of the driver at the time of the accident (''Motor Vehicle Act'' s 84). The person has the right to remain silent until he or she speaks to a lawyer, which is advisable in most circumstances.
If asked, the owner or a person in a motor vehicle that a peace officer believes has been involved in an accident or a violation of the ''Motor Vehicle Act'' must provide any information respecting the identity of the driver at the time of the accident (''Motor Vehicle Act'' s 84). The person has the right to remain silent until he or she speaks to a lawyer, which is advisable in most circumstances.


=== 2. Police Accident Reports ===
=== 2. Police Accident Reports ===
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In the event of damage to property other than another vehicle, the driver, operator, or any other person in charge of the motor vehicle must take reasonable steps to locate and notify the owner of the property, in writing (''Motor Vehicle Act'' s 68(3)). The driver must take reasonable steps to provide the following particulars to the owner of the property: the name and address of the driver, operator, or other person in charge of the vehicle as well as the license number of the vehicle and the name and address of the vehicle’s registered owner.
In the event of damage to property other than another vehicle, the driver, operator, or any other person in charge of the motor vehicle must take reasonable steps to locate and notify the owner of the property, in writing (''Motor Vehicle Act'' s 68(3)). The driver must take reasonable steps to provide the following particulars to the owner of the property: the name and address of the driver, operator, or other person in charge of the vehicle as well as the license number of the vehicle and the name and address of the vehicle’s registered owner.


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