Car Accident Charges in Ontario: What You Need to Know

Naresh Misir
Jun 14
5 min read

Navigating Car Accident Charges in Ontario: Legal Guidance and Defense

Getting into a car accident can be a stressful and life-changing event, but the legal consequences that follow can add even more anxiety. In Ontario, drivers involved in accidents may face various charges depending on the circumstances of the incident. From minor infractions to more serious offenses, understanding the charges and potential penalties is crucial. At Misir & Company, we help drivers navigate these legal challenges to ensure the best possible outcome.

Can You Be Charged for a Car Accident in Ontario?

The short answer is yes. In Ontario, you can face a variety of charges after a car accident, ranging from traffic violations to more severe criminal charges. The type of charge depends on the circumstances of the accident, such as who was at fault and whether any traffic laws were violated.

Here are some common charges drivers may face after an accident:

Careless Driving: One of the most common charges, careless driving is issued when a driver operates a vehicle without due care and attention. This charge can result in fines, demerit points, and even a license suspension.
Unsafe Move: If a driver changes lanes or merges unsafely, leading to an accident, they may be charged with making an unsafe move, which is a lesser traffic violation but still carries penalties.
Running a Red Light or Stop Sign: If an accident occurs because a driver failed to stop at a red light or stop sign, they could be charged with a traffic infraction, leading to fines and points on their driving record.

In more serious cases, such as those involving reckless driving or driving under the influence (DUI), drivers can face criminal charges. These charges carry heavier penalties, including jail time, higher fines, and a longer suspension of driving privileges.

Every car accident case is unique, and charges can vary. At Misir & Company, we take the time to review the details of your case and provide you with the legal strategy to minimize the impact of any charges you face.

What Happens If You Are At Fault in a Car Accident?

In Ontario, determining fault is an essential part of how car accidents are handled. Insurance companies use the Fault Determination Rules to assess each driver's level of responsibility for the accident. Drivers can be found anywhere from 0% to 100% at fault.

If you are found to be 50% or more at fault, it’s likely that your insurance premiums will increase. This fault determination will be recorded on your insurance history, and when it’s time to renew your policy, you may face significantly higher premiums.

Here’s what happens if you’re found at fault:

50% or More at Fault: If you’re more than half at fault, your insurance company will typically increase your premium at the next renewal.
Less Than 50% at Fault: You may still face penalties, but your insurance premium increase will likely be lower.

It’s important to note that fault does not always align with legal responsibility. While you may be found partially at fault by your insurance, you could still face separate legal charges, such as careless driving, which may result in fines or a license suspension.

If you’re concerned about being found at fault in an accident, it’s crucial to have an experienced lawyer on your side to help reduce your liability and protect your financial future.

How Long Do Car Accident Charges Stay on Your Record?

When you’re involved in an accident and deemed at fault, it will be recorded on your driving record in Ontario. For most drivers, these details will remain on the record for six years. This can have significant long-term financial impacts, particularly when it comes to your car insurance rates.

Here’s how an at-fault accident can affect your driving record and insurance:

Insurance Premiums: If you are found at fault, your insurance premiums will likely increase and stay elevated as long as the accident remains on your record, which can be up to six years.
Driving Record: Aside from insurance, an at-fault accident can lead to demerit points on your license. For charges like careless driving, you may also face license suspension or mandatory driving courses.

For drivers facing more serious charges, such as reckless driving or DUI, these can stay on your record for even longer and may affect your ability to get affordable insurance or even drive legally.

Reducing the impact of these charges requires a strategic legal approach. Misir & Company can help you understand how long a charge will stay on your record and what steps you can take to minimize its long-term impact.

Can You Reduce or Dismiss Car Accident Charges?

Facing charges after a car accident can feel overwhelming, but there are often opportunities to reduce or even dismiss the charges with the right legal strategy. Many drivers wonder if they can reduce charges like careless driving to lesser infractions or dismiss them altogether.

Here are a few ways charges can be reduced or dismissed:

Negotiation: In some cases, charges like careless driving can be negotiated down to lesser offenses, such as improper driving, which carry lower fines and fewer points on your record.
Challenging the Charge: If you believe the charge was issued unfairly, you can challenge it in court. Having evidence like dashcam footage, witness statements, or accident reconstruction reports can be crucial to your defense.
Dismissal: In some cases, charges can be dismissed entirely if it can be proven that the accident was unavoidable or due to factors outside of your control, such as poor road conditions or mechanical failure.

It’s important to act quickly if you’re facing charges, as ignoring or delaying action can lead to harsher penalties. Having a trusted legal team, like Misir & Company, can make a big difference in the outcome of your case.

Why You Need an Experienced Lawyer for Car Accident Charges

Dealing with car accident charges can be complicated, and the legal process can be intimidating for drivers who don’t have professional guidance. Hiring an experienced lawyer can help reduce fines, prevent license suspensions, and minimize the long-term impact on your driving record.

At Misir & Company, we specialize in representing drivers facing car accident charges, and we can help you with:

Defending Against Traffic and Criminal Charges: Whether you're facing careless driving, DUI, or reckless driving charges, we know how to build a strong defense.
Minimizing Insurance Impact: We help reduce your fault percentage and negotiate with insurance companies to minimize premium increases.
Reducing Fines and Penalties: We work to reduce fines, demerit points, and potential license suspensions, helping you maintain your driving privileges.

FAQs About Car Accident Charges in Ontario

Can someone sue you for a car accident in Ontario? Yes, if you are found at fault for an accident, the other party can file a civil suit for damages.

Is a car accident a criminal offense in Canada?Not all car accidents result in criminal charges. However, if negligence, reckless driving, or DUI are involved, criminal charges may apply.

What is the penalty for careless driving in Ontario?Careless driving can result in fines up to $2,000, six demerit points, license suspension, and even jail time for more serious cases.

Contact Us for Legal Assistance

If you’re facing car accident charges in Ontario, don’t navigate the legal process alone. Misir & Company specializes in defending drivers from traffic-related charges and helping them avoid the long-term consequences.

Facing Car Accident Charges in Ontario? Get Trusted Legal Help Today!

If you’re dealing with charges like careless driving or more serious offenses after a car accident, Misir & Company can help. Contact us now for a free consultation. Call 416.865.6274 or visit our office at 880 St Clair Ave West, Toronto.