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ARTICLE · 10 APRIL 2026

Drivers: Do You Really Know Your Obligations In The Event Of An Accident?

It is not always easy for a driver involved in an accident, whether with another vehicle, a fixed object, or an animal, to fully understand the obligations imposed by law. This is because the applicable rules are numerous and depend on several factors.

CanadaLitigation, Mediation & Arbitration

It is not always easy for a driver involved in an accident, whether with another vehicle, a fixed object, or an animal, to fully understand the obligations imposed by law. This is because the applicable rules are numerous and depend on several factors.

What exactly is meant by “Accident”?

The term “accident” is defined by the Highway Safety Code (hereinafter the “HSC”) as “an event in which injury or damage is caused by a moving road vehicle”¹.

Therefore, three elements must be present for an event to qualify as an accident:

  1. bodily injury or property damage;
  2. the involvement of a road vehicle;
  3. a road vehicle in motion.

The definition of a road vehicle under the HSC is restrictive. It includes a motor vehicle capable of travelling on a road, as well as trailers, semi-trailers, and detachable axles.It excludes, however, vehicles that operate exclusively on rails, power-assisted bicycles, and electrically powered wheelchairs.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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