Chicago Hit and Run Laws
Have you ever been involved in a hit and run and do you know how frustrating it can be?
Just like for any accident, the victims of a hit and run accident do not only have to worry about the physical injuries but also worry if they will ever get compensated.
Did you know that hit and run accidents are a common problem in Chicago, and did you know that the consequences of leaving the scene of an accident are so severe in Chicago and Illinois at large?
If you or your loved one is involved in a hit and run accident, it’s important to understand the laws and all potential penalties associated with fleeing or leaving the scene of an accident.
In short, Penalties for hit and run in Chicago are severe, ranging from fines to prison sentences. The severity of the accident determines the punishment, with fatalities resulting in a Class 4 felony.
In this article, we will take a closer look at the laws and penalties for leaving the scene of an accident in Chicago and Illinois at large, such that you are better prepared should you get involved in one.
Whether you are the driver being charged with a hit and run, or whether you are a hit and run victim, this article is for you. Ready, let’s go.
Page Contents
What is a hit and run accident?
A hit and run accident occurs when one of the drivers flees or leaves the scene of an accident.
According to 625 ILCS 5/11-401, every driver that is involved in an auto crash must stop at the scene of an accident and do the following:
1. Exchange information. Drivers must exchange information like names, contact numbers, addresses, license plate information, registration, and insurance.
2. Report the crash to the police. 625 ILCS 5/11-401 requires that drivers that are party to the accident report the crash to the authorities. You must report the accident if injuries are involved, or if damages exceed $1,500.
3. Render help. According to 625 ILCS 5/11-401, all drivers that are party to the accident have a duty of care to render help if there are injuries or fatalities.
Recommended reading: How long after a hit and run accident can you be charged?
You must arrange to transport the injured to the hospital or call 911 for ambulance services.
Penalties for hit and run accidents
Under 625 ILCS 5/11-402, drivers that fail to stop at the scene of an accident face severe penalties.
Hit and run accidents are taken very seriously in Chicago. Below are some of the penalties for hit and run accidents in Chicago, Illinois:
1. Accidents with an unattended vehicle. Statistics have shown that the largest proportion of hit and run accidents occur with parked cars also called unattended vehicles.
According to the laws in Chicago, Illinois, you must stop at the scene of an accident, trace the owner of the driver and exchange your personal information as explained above.
You should endeavor to leave a note stuck onto the vehicle you struck if you cannot locate the owner of the car you just damaged.
Recommended reading: What is the difference between hit and run and leaving the scene of an accident?
The penalties for leaving the scene of an accident in Chicago involving a parked car is a class A misdemeanor and is punishable by up to 1 year in prison, and or a fine of not higher than $2,500.
2. “Accidents involving property damages. The outcome of car accidents is injuries, deaths, property damages, and emotional distress”, says Dr. Assan, a medical physician.
Penalties of course defer depending on the outcomes of the accident. Severe injuries attract severe penalties.
You will be guilty of class A misdemeanor by leaving the scene of an accident involving property damages. The penalties are up to $2,500 in fines and up to 12 months in prison.
3. Accidents that cause injury. You will be guilty of class 4 hit-and-run felony if the hit-and-run accident involves injuries. The penalties are up to $25,000 in fines, and up to 1-3 years imprisonment. Additionally, your driving license will be revoked.
4. Accidents that cause death. Hit and run accidents involving deaths have serious punishments. You will be guilty of a class 3 hit and run felony if you left the scene of an accident involving death.
The penalties for class 3 hit-and-run felony is imprisonment of 3-14 years, and up to $25,000 fines.
Hit and run involving property damage
According to Illinois Police data, the majority of hit and run cases in Chicago involve property damages, and half of the cases involved parked vehicles. The 3rd most cases are rear-end crashes and sideswipes.
Hit and run involving injury or death
According to statistics, the USA experiences at least 700,000 hit and run accidents yearly.
In 2021, Chicago saw more than 37,226 hit-and-run accidents, an average of at least 100 accidents per day. These hit-and-runs left 36 people dead and 4,807 injuries.
Consequences of hit and run accidents
I have already highlighted the penalties for leaving the scene of an accident. The penalties I mentioned are largely legal and administrative.
Hit and run accidents can have serious consequences, both legally and personally. Here are some of the consequences of hit-and-run accidents:
1. Criminal charges. You will be guilty of either a hit and run felony or misdemeanor if you illegally left the scene of an accident.
2. Civil lawsuits. If you caused an accident, someone else involved in the accident can sue you for the damages/injuries caused. Such a lawsuit may ask for monetary compensation for medical bills, lost wages, and property damage.
3. License suspension. Depending on the outcome of the hit and run accident, your driver’s license may be suspended or revoked.
4. Financial consequences. According to the law place, the average settlement for hit-and-run accident cases is between $10,000 and $2,000,000.
If you add in both criminal and civil financial consequences you may be in for hefty financial consequences.
Can you go to jail for a hit and run in Chicago?
Yes, the possibilities of going to jail are pretty high a reason I highly recommend seeking help from a criminal defense lawyer.
You may not go to jail if you are a first-time offender and you committed a minor hit and run. On the other hand, going to prison will be inevitable if you left the scene of an accident involving deaths or severe injuries.
Recommended reading: What type of insurance will pay for damages if you are the victim of a hit-and-run driver?
“Other factors that determine whether you go to jail or not will depend on the circumstances of the accident and your previous criminal records”, says Neil Shouse, a personal injury lawyer.
is a hit and run a felony in illinois?
Any hit and run criminal offense can be either a felony or a misdemeanor, depending on the outcome of the accident.
In Illinois, a hit-and-run is a felony only if the accident involved injuries and fatalities. You will also be charged with a felony if failed to report to police an accident that involved fatalities.
Conclusion.
Any hit and run lawyer in Illinois will tell you that Illinois has one of the strictest laws as far as leaving the scene of an accident.
The consequences or penalties of the crime will largely depend on the outcome of the accident, your past criminal history, and other factors surrounding the accident. At worst, expect a maximum prison sentence of up to 14 years.
Source:
1. Hit and Run – Felonies vs. Misdemeanors. (2022). https://callonfitz.com/hit-run-felonies-vs-misdemeanors/
2. Neil Shouse. Is hit and run a felony? A defense attorney explains. (2023). https://www.shouselaw.com/ca/blog/is-hit-and-run-a-felony/
3. Justia. Hit and Run Offenses & Legal Penalties. (2022). https://www.justia.com/criminal/offenses/traffic-offenses/hit-and-run/
