• Menu
  • Skip to right header navigation
  • Skip to main content
  • Skip to primary sidebar
  • Skip to footer

Before Header

  • Facebook
  • Instagram
  • LinkedIn
  • TikTok
Call us | Montreal: (514) 526-2378 (LAMBERT) | Quebec: 418 526-2378 (LAMBERT) | 24h / 7 days in case of arrest

LAMBERT AVOCATS

Avocats SAAQ, Responsabilité civile, Recours collectifs à Montréal et les environs

  • About
        • Services
          • Class Actions
          • Civil Liability
          • Medical Liability
          • Car Accidents
          • Work Accidents
          • Victims of Criminal Offence
          • Retraite Québec
          • Social Welfare
          • Disability Insurance
          • Criminal Law
          • Penal Law
          • Disciplinary Law
        • Philosophy
          • Protection of your rights
          • Personalized service
          • Trust
        • Distinctions
          • Consumer Choice
          • Three Best Rated
        • Legal Fees
          • Percentage
          • Fixed
          • Hourly rate
          • Legal Aid
          • Legal Insurance
        • Press
          • Class Actions
          • Civil Liability
          • Administrative Law
          • Disability Insurance
  • Team
        • Lawyers / Representatives
          • Mtre Jimmy Ernst Jr. L. Lambert
          • Mtre Benjamin W. Polifort
          • Mtre Loran-Antuan King
          • Mtre Yahia Belhaddad
          • Mtre Felicia Rotaru
          • Mtre Sandra H. Kim
          • Mtre Olivier Hankins-Meilleur
          • Mtre Bo Chi Zhang
          • Mtre Philippe Brault
          • Daphné McConnell
        • Assistants
          • Jeannie Nguyen
          • Céline Slamani
          • Rubi Barboza Gomez
          • Emilie Leblanc
        • Bar Students / Interns
          • Mtre Mégane Rousseau
          • Sandrine Puchin
        • Students
  • Administrative Law
        • Car Accidents (SAAQ)
          • Your SAAQ file
            • Challenging a SAAQ decision
            • Application for administrative review to the SAAQ
            • SAAQ Administrative Review Decision
            • Recourse to the Tribunal administratif du Québec
            • Conciliation at the Tribunal administratif du Québec
            • Trial at the Tribunal administratif du Québec
            • Review of the judgment of the Tribunal administratif du Québec
            • Recourse to the Superior Court
          • Dispute period
          • Income replacement indemnity claim
          • Compensation for bodily injury
          • Compensation for psychological damage
          • Determined employment and return to work
          • Relapse, recurrence or aggravation
          • Causal link
          • Personal assistance at home
          • Request for reimbursement
        • Work Accidents (CNESST)
          • Contestation of a CNESST file
          • Income replacement indemnity
          • Employment
          • Compensation for relapse
          • Civil action for a work accident
        • Victims of Criminal Offence (IVAC)
          • Criminal acts covered by the IVAC
          • Criminal Compensation Lawyer
          • Victims of physical assault
          • Compensation for unemployed victims
          • Fault of the victim
          • Rehabilitation
        • Retraite Québec
          • Refusal of a request
          • Work income
          • Family allowances
          • Surviving spouse's pension
          • Supplement for disabled children
          • Progress of the file
        • Social Welfare
          • Marital life
          • Misrepresentation or fraud
          • Investigation
  • Civil Law
        • Civil Liability
          • How to prove the damage
          • Assessment of civil damage
          • Compensation for bodily injury
          • Injuries caused by a fall
          • Injuries caused by the ruin of a building
          • Liability of the city in case of lack of maintenance
          • Responsibility of the school
          • Fact of the goods
        • Medical Liability
          • Remedies for compensation
          • Medical negligence and unnecessary treatment
          • Surgical errors and early discharge from hospital
          • Misdiagnosis
          • Malfunction of medical devices
          • Code of Ethics of Physicians
        • Prosecuting your aggressor in civil proceedings
          • Criminal vs. civil hearing
          • Prescription
        • Contractual Law
          • Claim for damages
          • Letter of formal notice
        • Disability Insurance
          • Disability Insurance
        • Hidden Defects
  • Class Actions
        • Ongoing Class Actions
          • Coloplast
          • Canada Post
          • Nintendo
          • Samsung
          • Videotron
          • Car dealers
          • GoFundMe
          • Fever
          • Hyundai (paint)
          • Brewers
          • SAQ
          • Psycom
          • Volkswagen (water leak)
          • "Alcohol-free” products
          • Ticketmaster
          • Diocese of Gaspé
          • Diocese of Rimouski
          • Diocese of Rouyn-Noranda
          • Social media
          • Bread recall
          • Kia (paint)
          • Audi (oil)
          • Tequila
          • STM
          • DoorDash (tips)
          • Lafontaine Tunnel
          • Public Storage
          • Volkswagen (ID.4)
          • Nissan (paint)
          • Nissan (roof)
          • Nordik Spa
        • Completed Class Actions
          • Metro Metro Festival
          • Cogeco
          • DoorDash
          • Ironman
          • StockX
          • Croisières AML
          • Web Hosting Canada
          • UberEats
          • UberEats (Service Fees)
          • Laurentian Bank
        • Frequently asked questions
          • What are the steps of a class action?
          • How do I become a class member in a class action?
          • How to make a claim?
          • How much to receive as compensation?
          • When to receive compensation?
  • Criminal Law
        • Offences
          • Assault
          • Assault on a peace officer
          • Break and enter
          • Criminal negligence
          • Dangerous driving
          • Fraud
          • Hit-and-run
          • Impaired driving (DUI)
          • Mischief
          • Murder and attempted murder
          • Obstruction of justice
          • Possession of drugs and other substances
          • Possession of firearms
          • Sexual assault
          • Theft and possession of stolen goods
          • Threats
        • Procedure
          • Rights and freedoms in the event of arrest
          • Interim release
          • Elements of a criminal offence
          • Sentencing
          • Application for a record suspension
        • Charter Rights
          • Right to be informed of the reasons for arrest and right to counsel
          • Right to silence
          • Presumption of innocence
          • Right to be free from arbitrary detention or imprisonment
          • Right to be secure against unreasonable search or seizure
        • Defence
          • Coercion and necessity
          • Error of fact
          • Ignorance of the law
          • Intoxication
          • Self-defence
          • Not criminally responsible
          • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
        • Passenger Rights
          • Travel insurance
          • Right to assistance
          • Right to compensation
          • Right to information
          • Right to care
          • Disclaimer
          • Carrier’s Obligations
          • Additional obligations of airlines
          • Penalties
        • Laws and regulations
          • Air Passenger Compensation
          • The Montreal Convention
          • International Civil Aviation Organization (ICAO)
          • European Regulation
        • Complaints procedure
          • Relevant documents and information to keep
          • Claim Form
          • Small claims claim
        • Special situations
          • Cessation of an airline’s activities
          • Rights of passengers with special needs
          • Denied boarding
  • Legal Capsules
        • General
          • Prescription
          • Guide to writing a letter of formal notice
          • Small Claims Court
          • Representing yourself in court without a lawyer
          • Recording a conversation
        • Civil Liability
          • Aquatic accidents
          • Boat accidents
          • Skiing accidents and other winter sports
          • Accidents during a hunting activity
          • Recreation
          • Burns caused by aesthetic care
          • Transmission of an STI
          • Dog bite or attack
          • Responsibility of a babysitter or daycare
          • Bullying at school
          • Defamation
        • Consumer Law
          • Unfair term in terms of membership
          • Punitive damages
          • Misrepresentation in advertisements
          • Cancellation fees
          • Extended warranty
          • Illegal pricing practice
            • Price Accuracy Policy
            • Additional fees in consumer contracts
          • Abusive loans
          • Flight delay, cancellation or overbooking
          • Telecommunications companies
            • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
            • Termination fees for telecommunications contracts
        • Car Accidents
          • After a car accident: the impact on victims
          • Compensation for an accident that occurred while using a vehicle
          • Accident with a snow removal vehicle
          • Injuries sustained in an automobile accident outside Quebec
          • Compensation by the SAAQ for personal assistance at home
          • The SAAQ’s no-fault regime
          • Simulation
        • Work Accidents
          • Accidents at work while working from home
          • Civil action for a work accident
          • Accident at work outside working hours
          • Presumption of occupational diseases
          • De Quervain’s tendinitis
          • Cannabis use in the workplace
          • Guide for victims of psychological harassment at work
        • Victims of Criminal Offence
          • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français
  • About
    • Services
      • Class Actions
      • Civil Liability
      • Medical Liability
      • Car Accidents
      • Work Accidents
      • Victims of Criminal Offence
      • Retraite Québec
      • Social Welfare
      • Disability Insurance
      • Criminal Law
      • Penal Law
      • Disciplinary Law
    • Philosophy
      • Protection of your rights
      • Personalized service
      • Trust
    • Legal Fees
      • Percentage
      • Fixed
      • Hourly rate
      • Legal Aid
      • Legal Insurance
    • Distinctions
      • Consumer Choice
      • Three Best Rated
    • Press
      • Class Actions
      • Civil Liability
      • Administrative Law
      • Disability Insurance
  • Team
    • Lawyers / Representatives
      • Mtre Jimmy Ernst Jr. L. Lambert
      • Mtre Benjamin W. Polifort
      • Mtre Loran-Antuan King
      • Mtre Yahia Belhaddad
      • Mtre Felicia Rotaru
      • Mtre Sandra H. Kim
      • Mtre Olivier Hankins-Meilleur
      • Mtre Bo Chi Zhang
      • Mtre Philippe Brault
      • Daphné McConnell
    • Assistants
      • Jeannie Nguyen
      • Céline Slamani
      • Rubi Barboza Gomez
      • Emilie Leblanc
    • Bar Students / Interns
      • Mtre Mégane Rousseau
      • Sandrine Puchin
    • Students
  • Administrative Law
    • Car Accidents (SAAQ)
      • Your SAAQ file
        • Challenging a SAAQ decision
        • Application for administrative review to the SAAQ
        • SAAQ Administrative Review Decision
        • Recourse to the Tribunal administratif du Québec
        • Conciliation at the Tribunal administratif du Québec
        • Trial at the Tribunal administratif du Québec
        • Review of the judgment of the Tribunal administratif du Québec
        • Recourse to the Superior Court
      • Dispute period
      • Income replacement indemnity claim
      • Compensation for bodily injury
      • Compensation for psychological damage
      • Determined employment and return to work
      • Relapse, recurrence or aggravation
      • Causal link
      • Personal assistance at home
      • Request for reimbursement
    • Work Accidents (CNESST)
      • Contestation of a CNESST file
      • Income replacement indemnity
      • Employment
      • Compensation for relapse
      • Civil action for a work accident
    • Victims of Criminal Offence (IVAC)
      • Criminal acts covered by the IVAC
      • Criminal Compensation Lawyer
      • Victims of physical assault
      • Compensation for unemployed victims
      • Fault of the victim
      • Rehabilitation
    • Retraite Québec
      • Refusal of a request
      • Work income
      • Family allowances
      • Surviving spouse’s pension
      • Supplement for disabled children
      • Progress of the file
    • Social Welfare
      • Marital life
      • Misrepresentation or fraud
      • Investigation
  • Civil Law
    • Civil Liability
      • How to prove the damage
      • Assessment of civil damage
      • Compensation for bodily injury
      • Injuries caused by a fall
      • Injuries caused by the ruin of a building
      • Liability of the city in case of lack of maintenance
      • Responsibility of the school
      • Fact of the goods
    • Medical Liability
      • Remedies for compensation
      • Medical negligence and unnecessary treatment
      • Surgical errors and early discharge from hospital
      • Misdiagnosis
      • Malfunction of medical devices
      • Code of Ethics of Physicians
    • Prosecuting your aggressor in civil proceedings
      • Criminal vs. civil hearing
      • Prescription
    • Contractual Law
      • Claim for damages
      • Letter of formal notice
    • Disability Insurance
      • Disability Insurance
    • Hidden Defects
  • Class Actions
    • Ongoing Class Actions
      • Coloplast
      • Canada Post
      • Nintendo
      • Samsung
      • Videotron
      • Car dealers
      • GoFundMe
      • Fever
      • Hyundai (paint)
      • Brewers
      • SAQ
      • Psycom
      • Volkswagen (water leak)
      • “Alcohol-free” products
      • Ticketmaster
      • Diocese of Gaspé
      • Diocese of Rimouski
      • Diocese of Rouyn-Noranda
      • Social media
      • Bread recall
      • Kia (paint)
      • Audi (oil)
      • Tequila
      • STM
      • DoorDash (tips)
      • Lafontaine Tunnel
      • Public Storage
      • Volkswagen (ID.4)
      • Nissan (paint)
      • Nissan (roof)
      • Nordik Spa
    • Completed Class Actions
      • Metro Metro Festival
      • Cogeco
      • DoorDash
      • Ironman
      • StockX
      • Croisières AML
      • Web Hosting Canada
      • UberEats
      • UberEats (Service Fees)
      • Laurentian Bank
    • Frequently asked questions
      • What are the steps of a class action?
      • How do I become a class member in a class action?
      • How to make a claim?
      • How much to receive as compensation?
      • When to receive compensation?
  • Criminal Law
    • Offences
      • Assault
      • Assault on a peace officer
      • Break and enter
      • Criminal negligence
      • Dangerous driving
      • Fraud
      • Hit-and-run
      • Impaired driving (DUI)
      • Mischief
      • Murder and attempted murder
      • Obstruction of justice
      • Possession of drugs and other substances
      • Possession of firearms
      • Sexual assault
      • Theft and possession of stolen goods
      • Threats
    • Procedure
      • Rights and freedoms in the event of arrest
      • Interim release
      • Elements of a criminal offence
      • Sentencing
      • Application for a record suspension
    • Charter Rights
      • Right to be informed of the reasons for arrest and right to counsel
      • Right to silence
      • Presumption of innocence
      • Right to be free from arbitrary detention or imprisonment
      • Right to be secure against unreasonable search or seizure
    • Defence
      • Coercion and necessity
      • Error of fact
      • Ignorance of the law
      • Intoxication
      • Self-defence
      • Not criminally responsible
      • Provocation
  • Penal Law
  • Disciplinary Law
    • Dentists
    • Engineers
    • Judges
    • Notaries
    • Nurses
    • Opticians
    • Optometrists
    • Psychologists
    • Real Estate Brokers
    • Veterinarians
  • Housing Law
    • Tenant Representation
      • Abandonment of housing
      • Pets and Rental Housing
      • Rent increase
      • Request for Deposit
      • Deposit: Illegal or Not?
      • Rodent infestation
      • Housing unfit for habitation
      • Obligations of delivery, maintenance, and fitness of the property
      • Repairs in the home
      • Neighbourhood disturbances
      • Validity of the lease
      • Sale of housing
    • Landlord Representation
      • Hidden defect lawyers
      • Death of the tenant
      • Eviction
      • Non-payment of rent and frequent delays
      • Repossession of accommodation
      • Termination, Sublease and Assignment of Lease
  • Aviation Lawyers
    • Passenger Rights
      • Travel insurance
      • Right to assistance
      • Right to compensation
      • Right to information
      • Right to care
      • Disclaimer
      • Carrier’s Obligations
      • Additional obligations of airlines
      • Penalties
    • Laws and regulations
      • Air Passenger Compensation
      • The Montreal Convention
      • International Civil Aviation Organization (ICAO)
      • European Regulation
    • Complaints procedure
      • Relevant documents and information to keep
      • Claim Form
      • Small claims claim
    • Special situations
      • Cessation of an airline’s activities
      • Rights of passengers with special needs
      • Denied boarding
  • Legal Capsules
    • General
      • Prescription
      • Guide to writing a letter of formal notice
      • Small Claims Court
      • Representing yourself in court without a lawyer
      • Recording a conversation
    • Civil Liability
      • Aquatic accidents
      • Boat accidents
      • Skiing accidents and other winter sports
      • Accidents during a hunting activity
      • Recreation
      • Burns caused by aesthetic care
      • Transmission of an STI
      • Dog bite or attack
      • Responsibility of a babysitter or daycare
      • Bullying at school
      • Defamation
    • Consumer Law
      • Unfair term in terms of membership
      • Punitive damages
      • Misrepresentation in advertisements
      • Cancellation fees
      • Extended warranty
      • Illegal pricing practice
        • Price Accuracy Policy
        • Additional fees in consumer contracts
      • Abusive loans
      • Flight delay, cancellation or overbooking
      • Telecommunications companies
        • Complaint to the Commission for Complaints for Telecom-television Services (CCTS)
        • Termination fees for telecommunications contracts
    • Car Accidents
      • After a car accident: the impact on victims
      • Compensation for an accident that occurred while using a vehicle
      • Accident with a snow removal vehicle
      • Injuries sustained in an automobile accident outside Quebec
      • Compensation by the SAAQ for personal assistance at home
      • The SAAQ’s no-fault regime
      • Simulation
    • Work Accidents
      • Accidents at work while working from home
      • Civil action for a work accident
      • Accident at work outside working hours
      • Presumption of occupational diseases
      • De Quervain’s tendinitis
      • Cannabis use in the workplace
      • Guide for victims of psychological harassment at work
    • Victims of Criminal Offence
      • Psychotherapy for the victim of criminal offence
  • Career
  • Reach us
  • English
    • Français

Criminal hit-and-run

You are here: Home / Criminal hit-and-run

Failure to stop following an accident or an order from a peace officer, commonly referred to as a hit-and-run, may be a criminal offence that may result in a criminal record.

If you are accused of failing to stop due to an accident or leaking while driving, we strongly recommend that you contact a criminal lawyer as soon as possible.

Components of the offence

Failure to stop following an accident

The Criminal Code sets out the elements of a criminal hit-and-run, namely:

  • Driving a means of transportation;
  • Being involved in an accident;
  • Have the knowledge or be careless to have been involved in an accident;
  • Failing to stop and give their information, without reasonable excuse;
  • Failing to help an injured person.

crime-of-flight-criminal

Thus, a driver who knows that they have been involved in an accident with a person or other means of transport, or who does not care, and who does not stop to give their name and address as well as to offer assistance to a person injured or who needs assistance, commits an offence, unless they had a reasonable excuse. Moreover, “means of transport” means any motor vehicle, including boats.

Note that your vehicle does not have to be in direct contact with the other vehicle for there to have been an accident. Indeed, the mere fact that your vehicle had contributed to causing the accident is enough.

Finally, you can be charged with hit-and-run even if there is no damage to the vehicle.

Flight

In connection with hit-and-run, it is also an offence to drive a vehicle and fail to stop while being chased by a police officer without a reasonable excuse. According to the Criminal Code, it is imperative to stop your vehicle as soon as circumstances permit.

The officer pursues a vehicle if they follow it with the intention of arresting the driver. The intention of the police officer will be materialized by the activation of his light or sound signals, or both.

Defences

An individual who has a reasonable excuse for failing to meet their obligations after an accident could be found criminally liable.

What is this “reasonable excuse”? Case law and doctrine have set out some examples of what might constitute a reasonable excuse. For example, if another person involved in the accident appears violent or dangerous, it is possible to leave the scene immediately to ensure their safety.

In addition, if a person does not have a reasonable excuse, the court will attempt to analyze the accused’s intention to escape criminal responsibility. The analysis to determine the guilt of the accused will therefore consist in asking whether they intentionally left the scene without providing their information when they knew that they were involved in an accident.

In some cases, forgetting to give information under stress can be considered a valid defence. Each case is different and an experienced defence lawyer will be able to analyze your case well and build a good defense against the lawsuit.

Contact form

Please send us a message using the contact form below.

We will get back to you as soon as possible.

Drag & Drop Files, Choose Files to Upload You can upload up to 20 files.

Sentence

Penalties vary according to the mode of prosecution, the nature and the particular circumstances of the offence.

Thus, failure to stop could result in a maximum prison sentence of 10 years. On the other hand, the penalty for a hit-and-run causing bodily harm, or serious injury, could be up to 14 years in prison, with a minimum fine of $1,000 for a first offence. Finally, a hit-and-run causing death will also result in a $1,000 fine as a minimum penalty for a first offence, but with a maximum penalty of life imprisonment.

If you are charged with a hit-and-run or a flight, the consequences of a conviction can be serious. Contact us without delay for a quality representation.

Contact us for more information

Our team of lawyers offers you legal advice tailored to your needs in criminal law.
Reach us

Primary Sidebar

Search

Search

Our firm

best-law-firm-montreal
6 time winner of the Consumer Choice Award in the “Law firms” category in the Greater Montréal area.

Lambert-avocats-2025

Forbes

Our legal excellence was recognized by Forbes in 2025.

Criminal lawyers 24h / 7

Our criminal defence attorneys are available 24 hours a day, 7 days a week in the event of an arrest.

Don’t hesitate to call us.

Criminal offences

Assault

Assault on a peace officer

Break and enter

Criminal negligence

Dangerous driving

Fraud

Hit-and-run

Impaired driving (DUI)

Mischief

Murder and attempted murder

Obstruction of justice

Possession of drugs

Possession of firearms

Sexual assault

Theft

Threats

Criminal procedure

Criminal procedure

Arrest and detention

Interim release

Elements of a criminal offence

Disclosure of evidence

Constitutional remedies

Types of sentences

Non-judicial treatment

Application for a record suspension

Charter Rights

Presumption of innocence

Right to counsel

Right to be free from arbitrary detention

Right to be secure against unreasonable search

Right to silence

Footer

On the Web

  • Quebec Bar
  • Quebec Legal Network
  • Forbes
  • Facebook
  • Instagram
  • LinkedIn
  • TikTok

Specialities

  • Criminal lawyer
  • Lawyer for landlords – housing law
  • Lawyer for tenants – housing law
  • CNESST lawyer
  • Civil liability lawyer
  • Legal aid lawyer
  • Lawyer for flight cancellation compensation

Our office

1200, McGill College avenue, #1800, Montréal (QC) H3B 4G7

MONTRÉAL: (514) 526-2378 (LAMBERT)

QUÉBEC: (418) 526-2378 (LAMBERT)

TOLL-FREE: 1-855-331-1010

E-MAIL: info@lambertavocats.ca

Site Footer

Notice: Please note that the information on this site is provided for informational purposes only, without warranty. It does not constitute legal advice and does not establish an attorney-client relationship.

To obtain a legal advice from a lawyer, please contact us by contact form or by phone at (514) 526-2378 (514-LAMBERT).

Copyright © 2025

Sitemap · Legal Notice – SEO agency