Hit & Run Accident Lawyer Calgary
A hit-and-run charge can be a serious offence in Calgary, leading to huge fines, penalties, license suspension and even imprisonment.
Sector 320.16 (1) of the Criminal Code of Canada, addresses the offences of hit and run. It is very unfortunate, hit and run accidents happen almost every day in Calgary.
Dealing with such incidents can be complex because of the criminal nature of leaving the scene of the accident. Not only do you have to deal with the physical and emotional challenges of the accident, but also have to face the added stress of pursuing the compensation without a clear tortfeasor/person guilty of the accident.
If you have been involved in a hit–and–run incident, it is important to seek immediate guidance from an experienced and professional injury lawyer who can help you navigate the legal system and protect your rights. NKS Injury Legal with its team of dedicated hit-and-run charge lawyers will help you in every step of the legal process.
What Is a Hit–and–Run Offence?
A hit-and-run occurs when a driver involved in a traffic accident leaves the scene without providing contact information or assisting the injured. This is considered a criminal offence in Calgary under the Criminal Code of Canada and the Traffic Safety Act.
What Are The Consequences Of Hit And Run Charges In Calgary?
The consequences of the Hit and Run case in Calgary can be severe, and they depend on the circumstances of the incident, such as whether it resulted in property damage, injury or death. Some key penalties include-
- For summary conviction, the maximum fine is charged up to $ 5,000 or imprisonment up to 6 months.
- If prosecuted as an indictable offence, the penalties are harsher.
- The maximum punishment includes imprisonment up to 5 years, the term can be extended to 10 years if the hit and run results in bodily harm.
- In cases where the incident leads to the death of an individual, the maximum penalty is life imprisonment.
- For indictable offences resulting in bodily harm, there is a minimum punishment of imprisonment for a term of less than one year. If the action results in death, the minimum punishment is imprisonment for a term of less than three years.
- Convicted in hit and run charges in Calgary, can result in the suspension of driver’s license.
What Are The Common Defenses In Hit And Run Charge Defenses?
Several defence strategies can be used to challenge hit-and-run charges. Our dedicated lawyers will assess your case and determine the most appropriate defence, which may include-
- Lack of Knowledge: For the hit-and-run charge to hold, the prosecution must prove that the defendant knowingly left the accident scene. If the defence demonstrates that the driver did not realize who was involved in an accident, due to minimal impact or poor visibility, will weaken the prosecution’s case.
- Mistaken Identity: The defence may argue that the accused was not the person driving the vehicle at the time of the incident. This defence can be effective in cases where the vehicle involved in the hit-and-run case is registered to many people or is frequently driven by different individuals.
- No Intent to Escape the Liability: To prove that the accused did not have the intent to escape civil or criminal liability. The prosecution must establish that the driver left the scene to avoid legal consequences. If the defence shows that the driver left the scene to seek immediate medical attention or fear for their safety – this can serve as a valid defence.
- Inadequate Evidence: The prosecution must be able to provide sufficient evidence that the defendant’s guilt is beyond a reasonable doubt. If the defence can demonstrate that the evidence is not adequate or unreliable, the charges may be dismissed.
- Emergencies: The defence can argue that the driver left the scene due to an emergency situation that could include immediate medical attention for the passenger or driver, or where the driver felt threatened and left to ensure their safety.
- Procedural Errors: If the defendant shows procedural errors occurred including the defendant’s rights, improper collection of evidence, or failure to follow the legal protocols, may result in dismissal of the charges or exclusion of key evidence.
How NKS Injury Lawyers Help Victims Get Their Compensation In A Hit-and-run Case In Calgary?
- Identify the responsible party: We work with law enforcement and use the available evidence (CCTV Footage, Eye-Witness report) to identify the driver responsible for the hit and run.
- Insurance Claim Assistance: If the driver is not identified, we will help you file a claim through their insurance, under policies like uninsured motorist coverage.
- Legal Representation: Our team of expert criminal lawyers will negotiate with insurance companies or in court, ensuring the victim receives fair compensation for medical bills, property damage, lost wages and other losses.
- Maximizing Compensation: We will assess all the damages to ensure the victim receives the full compensation and may pursue additional claims for emotional stress.
- Navigate Legal complexities: We will help victims navigate the legal system, ensuring the deadlines are met, paperwork is filed accurately and legal rights are protected.
- Settlement Negotiations: If the at-fault driver is found after police investigation, we negotiate directly with the driver’s insurance for a settlement that covers all costs by the victim.
How we help the hit-and-run investigation process in Calgary?
- Collaborating with law enforcement: We work closely with law enforcement officers to provide any evidence or information that could aid in identifying the responsible driver.
- Gather Evidence: We help collect and preserve important evidence, including accident scene pictures, vehicle damage reports, and medical records, which can support the investigation process in hit-and-run cases.
- Interview Witness: Our team may also interview the witnesses to gather additional statements.
- Accessing traffic footage: We may request to access the traffic camera or surveillance footage nearby to identify the fleeing vehicle.
- Handling Insurance companies: We communicate with the insurance companies on the victim’s behalf to ensure proper claims are filed.
- Filing legal notices: We file legal notices or civil claims against the identified driver for damages.
- Legal Advice: We advise the victims on their rights and what to expect during the legal and investigative process.
What are the bail conditions for Hit and hit-and-run charges?
- Mandatory Court Appearance for the accused.
- Driving restrictions and non-communication orders with witnesses or victims.
- Residence requirements, curfews, and travel restrictions.
- Regular Check-ins with a bail supervisor or law enforcement officer
- Abstaining from Alcohol or Drugs, if the substances were involved.
FAQs
Will I have a criminal record if convicted of a hit-and-run charge?
Yes, if you are convicted of a hit-and-run charge in Calgary, you will have a criminal record.
How long does the hit-and-run case take?
The duration of the case varies significantly based on many factors including the complexity of the case, incident severity, and the court’s schedule.
Will one lose their license from hit-and-run charges?
Yes, being convicted of hit-and-run charges in Calgary, Canada, can result in the loss of a driver’s license and other restrictions/ penalties.