How to Report a Hit and Run in Chicago?
As you enjoy your cool music in your newly bought black SUV one evening. As you approach Lake Shore Drive, you suddenly hit a red Sedan in front of you, and out of panic, you decide the flee the scene of an accident.
While in the comfort of your home, you realize the grave mistake you just committed. What should you do if you realize you just left the scene of an accident and according to Illinois laws, you could be in for serious penalties once arrested by police?
To report a hit and run in Chicago, do not follow the offending vehicle, file a police report, exchange information with other drivers, call 911, and file a crash report if necessary.
Well in this article I will discuss the possible penalties of leaving the scene of an accident in Chicago, and also tell you all the steps you need to follow to get away with the crime you just committed. Ready, let’s dive in!
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What are the legal consequences of a hit-and-run accident in Chicago?
A hit and run accident occurs when one or more of the drivers involved in the accident flees or leaves the scene of an accident.
According to the Illinois auto accident statute, a driver that is involved in the crash will stop at the scene and observe the following legal obligations.
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While at the scene of an accident, he/she should:
- Share or exchange personal information, car details, and insurance information with the other driver.
- Render help to the injured.
- Report the crash to the police
You could be in for serious punishments if you left the scene of an accident without stopping to observe the above-mentioned legal obligations.
The legal consequences of a hit-and-run accident in Chicago can be severe. Here are some of the potential consequences:
1. You may be charged with a hit-and-run felony if the accident involves injuries and or deaths, whereas you may face charges of hit-and-run misdemeanor if the accident involved only property damages.
In Illinois, a hit-and-run felony is punishable by prison time between 1-14 years, whereas a misdemeanor is punishable by up to 12 months in jail.
On the same note, you will pay fines of between $2500 to $25,000 if you committed a felony, or up to $2500 if you are guilty of a misdemeanor.
Depending on the gravity of the accident, your driving rights could be suspended or revoked by the Department of Motor Vehicles in Illinois.
In addition to criminal charges, the hit and run victim has a right to sue you to recover the damages/losses he/she suffered.
What should you do immediately after a hit-and-run accident in Chicago?
Once you realize that you committed a leaving the scene of an accident crime, your next option is to prepare your defense against the convictions. You do not want to spend your next 14 years in prison, do you?
Step 1: Stop and assess the situation
You won’t report what you did not analyze and understand, right? Whether you are the accident victim or the driver that fled the scene of an accident, you must stop and assess the situation.
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For instance, what do the eyewitnesses say? is there any traffic violation you think occurred? what was the color of the vehicles involved, what kind of injuries, and who got injured? In your own understanding, why did the accident occur?
Step 2: Gather information
While assessing the situation, you must gather information.
Things you need to understand include the license plate numbers, Insurance information of the other driver if possible, parts of the car that got damaged, any car accident footage available, names and contact information of the witnesses, and statements from witnesses.
Whether you win the case, or get acquitted of the charges will depend on the pieces of evidence you gathered at the scene of an accident.
The prosecutors, or the defense lawyers will use the information right from the scene of an accident to either hold you responsible if you are the accused or in the case building if you are the plaintiff (complainant).
At the same time, the information you collected from the scene will be used during your claim settlement process with whoever the law deems at fault for your injuries and losses.
Step 3: File a police report
Depending on the gravity of the accident, you must invite police to the scene of an accident to compile a car accident police report.
For example. In Chicago or Illinois at large, drivers are expected to report incidents that involve injuries or losses. The drivers also have a legal obligation of reporting accidents that causes an excess of $1,500 in property damages.
Using the same example of Illinois, failure to report any accident involving fatalities leads to class 2 hit-and-run felony charges.
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This implies you could receive a sentence of 14 or more years in prison, and pay fines of not exceeding $25,000 for just not reporting the accident to the police.
Every state has its own ways drivers are expected to report crashes. You may be required to invite police to the scene, walk to the next police station, or fill out the forms provided by your state’s website.
Step 4: Contact a hit and run lawyer
Whether you are the victim or the accused driver, you may need to hire legal representation soon or later.
If you are the hit and run driver and you committed a hit-and-run felony, I recommend contacting a hit-and-run defense lawyer as soon as possible.
Do not say anything to the police or insurance company not until you are in the company of your lawyer.
On the other hand, the hit and run victim also need the help of any car accident or personal injury lawyer. You will need a lawyer to guide you in the negotiation claim process, and represent your interests if the case goes to trial.
Step 5: Notify your insurance company
One of the steps people need to follow soon after the accident is insurance company notification.
Some states require the driver to inform the insurance company as soon as after the accident, whereas others want you to report within 24 hours.
Further reading: How long after car accident can you claim injury?
The earlier you informed the insurance company the faster they settle your claim. Again, you don’t want to file your claim when you have already lost the most obvious evidence like injuries.
Conclusion.
Though there are many ways a driver could report a hit and run in Chicago, In my own view here is what I recommend.
To report a hit and run in Chicago, do not follow the offending vehicle, file a police report within 10 days, exchange information with other drivers, call 911, and file a crash report online.
Finally, you must Call 311 if you know who committed the crime to help in reporting and getting help for the injured.
Source:
1. Hit-and-run accident definition and meaning. Collins. https://www.collinsdictionary.com/dictionary/english/hit-and-run-accident
2. Evan, Fischer, (December 29, 2021). What is a Traffic Violation? FindLaw. https://www.findlaw.com/hirealawyer/choosing-the-right-lawyer/traffic-violations.html
3. John C. Fitzpatrick. (Dec 2020). callonfitz. Hit and Run – Felonies vs. Misdemeanors. https://callonfitz.com/hit-run-felonies-vs-misdemeanors/
4. Traffic Crash Reports | Chicago Police Department. Chicago police department. https://home.chicagopolice.org/services/traffic-crash-reports/