Chicago hit and run accident explained by a lawyer.
The latest data shows that there were 319,146 traffic-related crashes in Illinois and 94,164 injuries due to car accidents a few years ago.
In other statistics, in the past year, Chicago experienced at least 36,305 hit-and-run accidents. Doing simple math, this is equivalent to at least 100 hit-and-run accidents daily.
According to the Illinois Department of Transportation, hit-and-run accidents increased by 18.3% from the previous year. In fact, more than 500 people suffered serious injuries due to hit-and-run-related crashes in Illinois.
But what is a hit-and-run accident? How does Chicago or Illinois at large define a hit-and-run crime? What are the penalties for leaving the scene of an accident in Illinois? well, read on to uncover what it means if a driver commits this serious crime in Chicago.
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What is a hit and run accident in Chicago?
In Chicago, a hit-and-run accident is defined as a situation when a driver hits another vehicle, person, or property and the driver flees the scene of the accident without stopping to share his/her personal information.
Recommended reading: How much does a hit and run lawyer cost?
Illinois prohibits this behavior. According to the Illinois Vehicle Code, each driver that is a party to the crash must remain at the scene of an accident and share personal information with another driver (s), report the accident to the police, and render help if there are injuries.
How to report a hit and run accident in Chicago?
Just like in any other state here in the USA, all drivers that are involved in a road traffic accident must report the crash to the police.
Here in Chicago, you are mandated to report all crashes that involve personal injuries, deaths, and any property damages that exceed $1,500.
Recommended reading: What is the difference between hit and run and leaving the scene of an accident?
Whether you are a victim of a hit-and-run, the driver responsible for this crime, an eyewitness, or one of the passengers, below are general steps to report a hit and run accident in Chicago:
1. Seek medical attention if needed. In any event, your safety and the safety of those involved in the accident take the first priority.
You must seek medical attention right away or help the injured access medical services. Your claim later will depend on the medical bills, and you will show the seriousness of the losses/injuries if you sought medical treatment.
2. Call the Police. You must call 911 to report the crash to the authorities. Make sure you provided the police with all the information you have in relation to the crash.
3. Gather evidence. This is a general rule! You must gather as much evidence as possible. Take photos of the car damages, injuries, statements from eyewitnesses, and any other information you think may help in the crash investigations.
4. File a police report. In Chicago, you must file a written car accident report immediately after the accident, or within the first 10 days following the crash.
5. Contact your insurance company. As a usual norm, you must inform your insurance company about the accident. Your company will then guide you on the next steps and kick-start your claim settlement process.
6. Consider seeking the help of an experienced Chicago car accident attorney. These lawyers will help you to investigate the at-fault driver and explain your legal options as far as the case is concerned.
Legal implications of a hit and run accident in Chicago
Leaving the scene of an accident is highly punishable by law. This is because, by fleeing the scene of an accident, you will have left the victims to die out of your negligence or deprive them of chances of getting compensated.
Just like across the USA, expect to receive severe punishments once authorities in Chicago found you guilty of leaving the scene of an accident.
Having that said, Legal implications of a hit-and-run accident in Chicago include:
1. Criminal charges. A hit-and-run is a serious criminal offense in Illinois and depending on the outcome of the crash, you may be charged with either a hit and run misdemeanor or a hit-and-run felony.
If you left the scene of an accident involving injuries or deaths, expect to face charges of class 2 felony. This is punishable by up to 14 years in jail.
2. Driver’s license suspension. You will most likely earn points on your driver’s record once you are convicted of leaving the scene of an accident charge.
Also depending on the outcome of the crash, your driver’s license could be revoked or suspended. If you committed a hit-and-run felony, chances could be higher of getting your driver’s license revoked, but this also depends on your previous driving records.
3. Civil liability. Drivers that commit hit-and-runs are liable to both criminal charges and civil actions. The victims of the hit and run could sue you for compensation for medical expenses, lost wages, pain and suffering, and other damages.
4. Insurance implications. Any person that is involved in a traffic accident has 2 major worries, ie the physical injuries and whether he/she will get compensated.
You will get compensated if the hit and run perpetrator is identified and his insurance company is held liable to pay the compensation.
If you or the police cannot identify the hit-and-run driver, your only option is to file insurance claims through your own insurance company, only if you carry the right policies.
Recommended reading: After a hit and run, what to do? call insurance or lawyer?
Filing insurance claims have many implications like suspension of the hit-and-run driver’s policy, and or increasing insurance rates on your next renewal.
5. Legal consequences. Most hit-and-run cases usually end up in courts of law. This is because, the driver that fled the scene of an accident either has no insurance, has past violations, or is a person that is not on good terms with the law.
How to prevent a hit and run accident in Chicago?
It’s on every driver out there to try and avoid committing hit-and-runs. This is because leaving the scene of an accident not only has legal implications but can also damage your image in the community.
Having that said, To prevent a hit-and-run accident in Chicago, consider the following steps:
1. Stay at the scene. Leaving the scene of an accident, as I already mentioned has severe legal implications. Make sure you stay at the scene or close enough to respond to the invited police officers.
2. Check for injuries. You will be charged with a hit-and-run felony if you failed to help the injured. Make sure there are no injuries before you decide to leave the scene of an accident.
3. Notify the police. Depending on the outcome of the crash, a driver that leaves the scene of an accident in Illinois could be charged with a misdemeanor or a felony if he/she did not report the crash to the police.
4. Gather evidence. There is a likelihood of facing criminal charges yet you performed all your legal requirements at the scene of an accident.
I have seen drivers who got convicted of violations they did not incur. To avoid false accusations, make sure you gather evidence that pins the other driver right at the scene.
You must take contacts of eyewitnesses and their statements, photos of the damages and or injuries, photos of the nearby traffic, note the state of weather conditions, and any other thing you think could help in investigations.
What to do if you witness a hit and run accident in Chicago?
You parked your car alongside the street to speak to a friend when out of nowhere, one car rear-ends another car. The front driver losses control and roll down the hill.
To your surprise, the at-falt driver instead of stopping and noting what just happened, speeds away. So, you just witness a hit and run, right? In such a scenario, what should you do?
If you witness a hit-and-run accident in Chicago, here’s what you can do:
1. Ensure safety. In any crash, your safety and the safety of those involved remain the key. Ensure that everyone is safe.
2. Gather information. Soon or later, you will be giving your statements in relation to the auto crash. Make sure you gathered as much information as possible. I already highlighted everything you need to gather, right?
3. Contact the Police. You must contact the nearby police as soon as possible. Make sure you provide police with every information you have especially about the driver that fled the scene.
4. Be a witness. Since the victims could be injured or are disoriented due to the crash, you may their only hope if they are to be compensated. Please stay at the scene and help in investigations.
What’s the penalty for hit and run in Illinois?
As I have already been singing, you should never think about fleeing or leaving the scene of an accident no matter what, unless you are ready to face all possible penalties.
In Illinois, the penalties for leaving the scene of an accident depend on the outcome of the crash and partly on your previous criminal history.
Below are the penalties for committing a hit and run in Illinois:
1. “If you failed to stop at the scene of an accident involving injury, you will be guilty of a class 4 felony. In Illinois, the penalty for a class 4 felony is 1-3 years in prison, a maximum fine of up to $25,000, and a revocation of your driver’s license”, says Tony S. Kalogerakos, a car accident lawyer in Illinois.
2. A driver that fails to report the crash in Illinois faces charges of class 2 felony.
3. If you left the scene of an accident in Illinois involving property damages or minor injuries, you will be guilty of a class A misdemeanor. The penalties for class A misdemeanor in Illinois is a jail time of up to 12 months, maximum fines of up to $2,5000 plus court assessments.
3. Leaving the scene of an accident in Illinois involving death and you did not report the crash to the police will result in charges of class 1 felony. Penalties will likely be up to $25,000 in fines and a potential prison time.
Can you go to jail for a hit-and-run in Chicago?
Yes, there is a possibility of going to prison in Chicago if you committed a hit-and-run, but this depends on the damages or injuries that arose from the accident.
According to what I already said, the prison time for leaving the scene of an accident in Illinois ranges from 0-15 years. If you committed a hit-and-run felony, your chances of getting into prison will be higher compared to a hit-and-run misdemeanor.
Conclusion.
Just like in any state here in the USA, leaving the scene of an accident attracts severe legal implications and other penalties.
The state of Illinois requires every driver that is a party to the accident to stop at the scene and exchange personal information with the other driver, share insurance information, report the crash to the police, and render help if there are injuries.
The legal implications of leaving the scene of an accident in Chicago (HIT and run Chicago) include prison/jail time, fines, and suspension or revocation of your driver’s license.
Source
1. Illinois Department of Transportation, source:https://www.illinois.gov/agencies/agency.idot.html
2. 625 ILCS 5/ Illinois Vehicle Code. source: https://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1815&ChapterID=49
3. A criminal charge. Source: https://www.legalaid.nsw.gov.au/my-problem-is-about/a-criminal-charge
4. Consequences of a Hit-and-Run Accident – Nolo. website: https://www.nolo.com/legal-encyclopedia/consequences-hit-run-accident.html#:~:text=Felony%20hit%20and%20run%20is,run%20can%20be%20quite%20severe.
5. Hit and Run – Felonies vs. Misdemeanors. source: https://callonfitz.com/hit-run-felonies-vs-misdemeanors/
