Chicago Hit and Run Penalties
As you enjoy your new ride on a cool evening along Michigan Avenue, or state street you suddenly rear-ended the vehicle in your front, causing the other driver to suffer injuries and car damages.
You then quickly remember you were already serving a previous traffic violation like overspending, or you recently overran a red light, or you are being convicted of driving under the influence.
Out of panic due to the adrenalin rush, you decided that it’s worth fleeing the scene of an accident, after all, no one seems to have seen you at that moment.
If I may I ask you. Did you know that you committed a hit and run offense by leaving the scene of an accident down here in Chicago, Illinois? Are you aware of all the potential penalties of a hit and run in Illinois?
Well, in this article I will take you through the punishments of leaving the scene of an accident and what you need to do if you are accused of this serious criminal offense.
Though I will refer to laws in Chicago, Illinois, this article still gives general information to even people outside Illinois. Ready? let’s go.
Illinois Law on Leaving the Scene
According to 625 ILCS 5/11-401, any driver that is involved in a car accident is required by law to stop at the scene of an accident or stop as close as possible to the scene without impeding the traffic.
The driver(s) that are party to the accident must do the following at the scene:
- Share personal information, car, and insurance information.
- Render help if there are injuries
- Report the crash to the police if there are injuries/deaths or if there were property damages exceeding $1,500.
So, under 625 ILCS 5/11-403, a driver that is involved in an accident must remain at the scene of an accident or else will face serious punishments as listed by the state of Illinois.
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Penalties for Hit and Run
In Chicago, the penalties of leaving the scene of an accident depend on the circumstances of the accident, and largely on the outcome of the accident.
Recommended reading: How to beat a leaving the scene of an accident ticket?
Before I tell you more about the penalties, I thought that you may need to know more about the types of hit and run charges.
1. A Hit and run felony. You will be charged with a hit and run felony if the accident involved injuries and or deaths.
2. A hit and run Misdememenaor. These are charges imposed on a driver that left the scene of an accident that involved only property damages. In this case, there are no personal injuries.
Having that said, the following are some Here are the penalties for hit and run in Chicago, Illinois based on my personal research:
1. Class A misdemeanor. You will be charged with a class A hit and run misdemeanor if flee the accident involving minor injuries or property damages only.
The penalties for class A misdemeanor are a punishment of up to 365 days in prison and a monetary fine not exceeding $2,500.
2. Class 4 felony. These are charges for a person that left the scene of an accident involving injuries. You will be punished with a prison time between 1-3 years, and a monetary fine of not more than $25,000.
3. Class 2 felony. A driver that leaves the scene of an accident involving fatalities is guilty of a class 2 felony. This is punishable by up to $25,000 in monetary fines and up to 14 years in prison.
4. Fines. In Chicago, Illinois, a hit-and-run criminal charge may end up costing from $0-$25,000 depending on the severity of the accident, and your previous criminal history.
5. License suspension. “Yes, there is a likelihood of having your driver’s license revoked or suspended depending on the circumstances of the crash and its outcomes”, says Josh Reeves, a car accident attorney in Illinois.
6. Criminal charges. I bet you guys know the difference between a civil charge and a criminal charge, right? “well if you left the scene of an accident there is a possibility of facing both charges”, concludes Josh Reeves.
Different Types of Hit and Run Offenses
If you are living in Chicago, Illinois, there many different types of hit and run offenses you could face by leaving the scene of an accident. These offenses include:
1. Accident with an Attended Vehicle Involving only Property Damage. In this accident, you may have hit another driver but the driver sustained no injuries.
In this case, only the car is damaged. In case you are interested you will be guilty of class A misdemeanor.
2. Accident with an Unattended Vehicle Involving only Property Damage. According to statistics today, the largest proportion of hit and run cases involves parked vehicles.
“You will be guilty of a hit and run class A misdemeanor if you hit a parked car and left without leaving a note or locating the owner of the vehicle”, says Michael Olson, a car accident lawyer in Chicago.
3. Accident Involving Death or Personal Injury. “This is an offense arising from a hit and run accident where you collided with another driver, or hit a pedestrian causing deaths or injuries”, says Michael Olson.
4. Hit and Run Causing Property Damage. This is a crime that arises from a driver hitting any other object like an animal, fence wall, or another vehicle causing damages.
The penalties for such crimes depend on the severity of the damages and your previous criminal history. Expect severe penalties if it’s your subsequence crime.
5. Leaving the Scene of an Accident. This a crime committed by a driver that left the scene of an accident without sharing information or rendering help. The charge will most likely be a class 4 felony offense.
Legal Consequences and Criminal Defense
The legal consequences include criminal charges, fines and imprisonment. In addition, you carry a risk of having your driver’s license revoked or suspended by the state’s Department of Motor Vehicles.
Recommended reading: If an airbag deploys is the car totaled?
If you are convicted of a hit and run crime, it’s high that you prepared your defense or else you carry a risk of spending so many years behind bars.
The following are steps you may follow to defend yourself against a hit and run.
1. “If you have been accused of leaving the scene of an accident crime, you will need to hire an experienced Chicago criminal defense attorney. He/she will help you navigate the legal process and protect your rights”, says Anthony Bruno, an attorney from Bruno law offices.
2. “A criminal defense lawyer will explain and help you understand the charges you are currently facing, and negotiate with the prosecutor to have the punishments reduced or dropped”, Concludes Anthony Bruno.
3. “It’s important to contact a good and experienced defense lawyer soon after the accident. The lawyer will ensure your rights are protected and evidence is preserved”, says Thomas Bruno, a car accident attorney in Illinois.
4. Well, you may also be entitled to compensation for your damages/losses. Speaking to an experienced attorney will help you to know if you qualify for a civil claim against the other driver.
Reporting Responsibilities
As a responsible driver, you must report any accident though Illinois requires you to report all accidents that resulted in injuries, or any property damages worth more than $1,500.
Below are the reporting responsibilities for a hit and run in Chicago based on my opinions.
1. If you are involved in any road traffic accident, I recommend reporting to the police as soon as possible. There are injuries that show up days or weeks after the accident. so you don’t want to be caught off-guard, right?
2. Seek medical attention. The gravity of the damages/injuries will be reflected in the fact that you sought medical treatment or not. You must have received medical treatment for you to qualify for a reasonable settlement.
3. While reporting the crash to the police, endeavor to give full information like car details, injuries or damages, and any other helpful information.
4. You must report the accident to your insurance company immediately, or as soon as stated in your insurance policy. You do not want issues while claiming a settlement with your insurance company.
5. Seek legal representation if you are a hit and run victim. The lawyer will help you navigate your legal options and ensure your rights are protected.
Conclusion.
On average, Chicago experiences around 100 hit and run accidents on a daily basis. If you are the driver that is being accused of hit and run crime, you should immediately seek the services of an experienced hit and run defense lawyer.
The penalties for leaving the scene of an accident in Chicago include a fine of between $0-$25,000, revocation or suspension of your driver’s license, and prison time of not higher than 14 years.
Source.
1. Christy Beiber. (2023). Hit-And-Run Laws, Penalties And What To Do If Involved. Forbes. https://www.forbes.com/advisor/legal/criminal-defense/hit-and-run/
2. 625 ILCS 5/11-401. (2000). Illinois General Assembly. https://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=062500050K11-401
3. 625 ILCS 5/11-403. (2000). Illinois General Assembly. https://www.ilga.gov/legislation/ilcs/documents/062500050K11-403.htm#:~:text=The%20driver%20of%20any%20vehicle,shall%20upon%20request%20and%20if
