Many of our clients are involved in motor vehicle accidents in Ontario. These accidents can result in serious injuries.
The scene after an accident is overwhelming. There is confusion about what just happened, concern about the wellbeing of yourself and others and questions about what happens next.
Often first responders arrive. Fire fighters, paramedics and/or police come with their own questions.
Usually if the police arrive they will attend at the scene to speak to the drivers and witnesses. Sometimes they will meet injured people in hospital. Sometimes a statement will be given to the police officer either in writing or verbally.
In my experience, discussions with the investigating police officer about fault for the accident can leave people confused. Where the involved person has sustained serious injuries like a concussion or other significant trauma, it can be difficult to remember what the officer said about their findings, conclusions and how the law works.
When I speak with clients the difference between a charge and conviction is sometimes misunderstood.
Highway Traffic Act
In Ontario, the authority that governs our roadways is the Highway Traffic Act. It’s our rules of the road. The Act also governs things like driver’s licences and vehicle equipment standards.
Some examples of Highway Traffic Act offences are: Speeding, Careless Driving, Distracted Driving, Stunt Driving, Failure to Yield, Failure to Stop and Improper Turn.
What is a charge?
In the context of a car accident, a charge is an accusation that has yet to be proven at court. It is an allegation that someone has broken the law. In most cases, the law is the Highway Traffic Act.
So, where a police officer has satisfied themselves that a driver has not complied with the Highway Traffic Act, a charge will be laid against the offending party. The charge will cite the specific law that is alleged to have been broken.
What happens after a charge?
After someone has been charged with contravening the Highway Traffic Act they are given an opportunity to agree with the charge or dispute it at court.
What is a conviction?
A conviction is a conclusive finding of guilt by the court. It is important to note that the finding of guilt applies only to the specific law that has been broken.
Where there is a conviction, a penalty will likely be applied by the court. The Highway Traffic Act provides for penalties to include the suspension of a driver’s licence, fine and demerit points.
How do charges and convictions affect my case?
Because a charge is simply an allegation of guilt and not a conclusive finding of guilt, its use in a lawsuit against another drive may be limited.
On the other hand, in some cases, a Highway Traffic Act conviction may be relied on in a civil lawsuit as prima facie evidence of negligence.
Ultimately, the facts of every case are different. This means that the significance, weight or reliability of a charge or conviction can vary greatly depending on the case.
If you or a loved one has been injured in a car accident and have more questions about charges, convictions or anything else – don’t hesitate to reach out to us. As personal injury lawyers we can help navigate this complicated system.
SAMUEL DAVIES
Sam is an associate lawyer at Bergeron Clifford LLP.
His range of experience in civil litigation includes advocating in medical negligence, mental health, motor vehicle and boating accident actions, statutory accident benefits and various other personal injury matters.
