Saskatchewan Hit and Run Laws: What happens if someone leaves the scene of an accident?
- Saskatchewan Hit and Run Laws: What happens if someone leaves the scene of an accident?
- Saskatchewan hit and run laws: What happens if you leave the scene of an accident in Canada
- How long do you have to report an accident in Saskatchewan?
- Duties of garage owners in Saskatchewan
- What to do after an accident in Saskatchewan
- What is the penalty for leaving the scene of an accident in Saskatchewan?
- What victims should do after a hit and run in Saskatchewan
- How is fault determined in Saskatchewan after an accident?
- Saskatchewan hit and run laws: Possible defenses.
Yes. Under Saskatchewan Traffic Act and the Canadian Criminal Code, leaving the scene of an accident without fulfilling statutory obligations is a summary or indictable offense. The penalty for a hit and run under provincial laws include vehicle impoundment, license suspension, and if the victim dies or suffers serious injuries, the hit and run driver risks anywhere from three years to life in prison.
- You have two years to file a claim after an accident in Saskatchewan.
- Under provincial laws, you have limited circumstances to sue after an accident.
- Saskatchewan is a no-fault province (you file a claim with your insurer).
- You must report any accident that results in death, injury, or property damage above $2000.
- Leaving the scene of an accident involving death is an indictable offense.
- The court and insurance investigators determine fault after an accident in Saskatchewan.
Saskatchewan hit and run laws: What happens if you leave the scene of an accident in Canada
Under federal and provincial laws, all drivers in the province must fulfill the statutory obligations listed below immediately after an accident. In Saskatchewan, failure to comply with the requirements listed in Division 7 Section 254 constitutes a hit and run.
Duties of a driver after an accident in Saskatchewan
Under section 254 (2), if you are involved in an accident, you must immediately notify the person in charge of the struck vehicle or the property owner. You must also:
- Give your name, address, and license number to the struck property owner or a peace officer.
- Give your vehicle registration number and insurance information to the struck person, property owner, or traffic officer.
- Report the accident as soon as is practical after the accident.
- Give a peace officer a written statement or any information concerning the accident.
How long do you have to report an accident in Saskatchewan?
Saskatchewan traffic act says that you must report any accident that results in death, or injury, quote “as soon as is practicable.” The statute also requires you to immediately report accidents involving the following elements.
- Accident involving “unidentified vehicle.”
- A motor vehicle with no certificate of registration.
- A driver under the influence of drugs or alcohol.
- An accident involving a vehicle that was towed from the scene.
Note. Section 253 (1) defines “unidentified motor vehicle” as any vehicle that causes death, injury, or property damage, quote,
“With respect to which: (I) the names of both the owner and the person in charge of the motor vehicle are not ascertainable; (ii) the name of the owner is not ascertainable, and the motor vehicle has no person who was in charge of it; or (iii) the name of the person in charge of the motor vehicle is not ascertainable, and the owner is not liable for the actions of that person.”
What if you are incapable of making a report?
Section 5 places the duty of filing a report on a passenger in the vehicle if the driver is incapable. If you were alone in the vehicle, you must report the accident as soon as possible.
Duties of garage owners in Saskatchewan
If you own a garage in Saskatchewan, provincial laws require that you report any vehicle that shows signs of involvement in a traffic collision. The section reads in part, quote:
“Every owner of a garage or an automobile repair or wrecker’s business and every dealer that receives a motor vehicle that to his or her knowledge or in his or her belief has been in an accident involving bodily injuries, death or damage to property exceeding the prescribed amount ($2000) shall immediately report the matter to the nearest peace officer and furnish any information that may be required.”
What to do after an accident in Saskatchewan
As the driver, if you are involved in a traffic collision, there is always the risk that the injured party may take civil action if the court convicts you of impaired driving. Consequently, legal experts from the province recommend that you do the following.
- Immediately stop your vehicle and remain at the scene until you exchange information with the other party.
- Upon request, or if it is apparent that immediate care is necessary, transport the injured person to a physician or care facility.
- Do not admit fault at the scene of an accident.
- Collect evidence that may aid your defense, including dashcam footage, and witness testimonies.
- Contact an attorney if the accident results in death, serious injury, or expensive property damage.
- File a claim with your insurer.
- Report the accident within 24 hours if capable.
Remember, under provincial laws, all drivers in the province must have no-fault injury coverage. That means you may recover compensation even if responsible for the accident.
What is the penalty for leaving the scene of an accident in Saskatchewan?
As mentioned, a hit-and-run is a hybrid offense in Saskatchewan. That means the driver’s actions before and after the accident determine the charge. For example, if you operate a vehicle recklessly or under the influence of alcohol and someone dies as a result. You could be guilty of an indictable offense punishable by a maximum sentence of life in prison.
Remember, under section 252 of the Canadian criminal code. You have a legal obligation to fulfill the abovementioned obligations before leaving the scene of an accident. The penalty for failure is:
- Leaving the scene of an accident involving injury. Indictable offense, punishable by up to ten years in prison.
- Leaving the scene of an accident involving death or serious injury. Indictable offense, punishable by a maximum sentence of life in prison.
Under provincial laws, you may face fines, vehicle impoundment, jail time, and driving privileges suspension or revocation.
Depending on the facts presented, a hit and run driver may also face:
- Up to five years in prison.
- Ignition interlock
- Restricted driver’s license.
What victims should do after a hit and run in Saskatchewan
Under provincial laws, accident victims in Saskatchewan may only sue if the hit and run driver is convicted of impaired driving or negligence. Consequently, you should file a claim with your insurer.
We recommend consulting with a claim’s attorney immediately if you decide to sue.
That said. After an accident in Saskatchewan, you may sue for pain and suffering if your expenses exceed your insurance coverage.
How is fault determined in Saskatchewan after an accident?
Saskatchewan is a “no-fault insurance province”. Therefore, you may file a claim with your insurer after an accident. Under the province’s insurance act, no-fault insurance covers medical expenses, death benefits, living assistance, permanent impairment, and rehabilitation.
The province’s Contributory Negligence Act states that, quote;
“Whereby the fault of two or more persons damage or loss is caused to one or more of them, the liability to make good the damage or loss is in proportion to the degree in which each person was at fault, but if, having regard to all the circumstances of the case, it is not possible to establish different degrees of fault, the liability shall be apportioned equally.”
“If two or more persons are found at fault, they shall be jointly and severally liable to the person suffering damage or loss, but as between themselves, in the absence of a contract, express or implied, they are liable to make a contribution to and indemnify each other in the degree in which they are respectively found to have been at fault.”
Saskatchewan hit and run laws: Possible defenses.
The best defense for leaving the scene of an accident is based on the facts of the case; we recommend that you consult with a defense attorney immediately. That said, some defenses for leaving the scene of an accident include:
- You fulfilled statutory obligations.
- You were unaware of your involvement in an accident.
- Leaving the scene was not voluntary.
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