leaving the scene of an accident ILCS
It’s a criminal offense to leave an accident scene in Illinois without fulfilling your legal obligations. A driver who leaves the scene of an accident, or a person that flees the scene of an accident is liable to charges of a hit-and-run.
In this article, I will help you understand the consequences of a hit and run in Illinois and what to do if you are the victim or perpetrator.
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What is leaving the scene of an accident in Illinois?
Leaving the scene of an accident in Illinois is a serious crime and can result in serious consequences or hit-and-run penalties. Under Illinois law (625 ILCS 5/11-401), you must stop at the scene of an accident and do what the law requires of you.
The laws concerning leaving the scene of an accident can be found in the Illinois Vehicle Code, and below is what you must know as far as the law is concerned.
1. Stop at the scene of an accident. Illinois 625 ILCS 5/11-401 requires a driver that is involved in an accident involving injuries or property damages to stop at the scene, or as close to the scene as possible.
2. share personal information. All drivers involved in the accident must share their names, addresses, contact, registration number, and license plate number.
3. Assist the injured. You are also legally obligated to assist any person that is injured as a result of an accident.
4. Share insurance information. In addition to sharing other personal information, the other driver(s) have a right to know your insurance company and insurance policy number.
Penalties for leaving the scene of an accident involving property damage in Illinois.
The penalties for a hit and run in Illinois depend on many factors like your past criminal record, the severity of the injuries/damages, and other circumstances of the accident.
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“In Illinois, leaving the scene of an accident involving only property damages is a class A hit-and-run misdemeanor, and this crime is punishable by up to 12 months in jail”, says Robert Briskman, a hit-and-run lawyer in Illinois, Chicago.
Penalties for leaving the scene of an accident involving injury or death in Illinois.
“Leaving the scene of an accident in Illinois involving injuries and or deaths is a class 4 hit-and-run felony, and is punishable with 1-3 years in prison, and up to $25,000 in fines. You also risk having your driver’s license revoked”, concludes Robert Briskman.
In addition, you must also report car accidents with injuries, deaths, or any property damages that exceed $1,000.
The penalties for not reporting a hit-and-run accident depend on the severity of injuries/damages. At worst, you could be fined $2,500 for failure to report the accident to the police.
What are the potential fines and jail time for leaving the scene of an accident in Illinois?
The following are the potential fines and jail time for leaving the scene of an accident in Illinois:
1. In Illinois, the punishment for leaving the scene of an accident involving property damages as I already said is a class A hit-and-run misdemeanor. The perpetrator faces up to 365 days in jail, up to $2,500 in fines, and other court assessments.
2. I already mentioned this. “In Illinois, you will receive a punishment of 1-3 years in prison, up $25,000 in fines, and revocation of your driver’s license if you left the scene of an accident involving deaths or injuries”, says Paul Greenberg a personal injury lawyer.
3. Just like in any state, you must stop at the scene of an accident in Illinois and render help to the injured.
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“Failure to render help in an accident involving injuries is also a class 4 felony. In Illinois, failure to render help is punishable by 1-3 years in prison and up to $25,000 in fines”, says Gavin Pearlman a hit-and-run lawyer in Illinois.
How does leaving the scene of an accident affect your driving record in Illinois?
I already highlighted the penalties of the hit-and-run accident in Illinois, right? well, did you know that leaving the scene of an accident in Illinois has an effect on your driving records?
Depending on the severity of the accident, you may receive 2-3 points on your driving record by leaving the scene of an accident in Illinois involving property damages only.
According to my research, leaving the scene of an accident in Illinois with injuries or deaths may earn you up to 6-8 points on your driving record.
Accumulation of such points may finally lead to a suspension or revocation of your driver’s license in Illinois.
But, the good thing is that, you can drop off these points if your driving record improves for more than 3 years, or you may hire a hit-and-run lawyer to help you shed off the points.
What are the legal defenses for leaving the scene of an accident in Illinois?
Faced with legal battles for leaving the scene of an accident in Illinois? well, worry not for there are several options you could try to save your situation.
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Here are some of the legal defenses for leaving the scene of an accident in Illinois:
1. Lack of knowledge. “This is one of the most powerful defenses in a hit-and-run crime. If you can prove that you did not know you hit someone or any car, you could have your charges dropped or lessened”, says Gavin Pearlman, a hit-and-run lawyer in Chicago.
2. It was a necessity. You also have a right to argue that you left the scene to seek medical care for yourself or any other person.
3. You were threatened. You may also argue that you left the scene of an accident just because someone threatened you or coerced you.
4. Not a hit and run driver. There is a possibility of mistaken identity. If you really know you were not involved in the scene, tell authorities they are mistakenly accusing you.
5. Evidence. If you think the evidence against you is lacking, you may ask the authorities to drop the charges against you. You must get ways of “punching holes” in the available evidence against you.
What should you do if you are involved in an accident in Illinois?
Different states have different traffic laws and, so is the state of Illinois. If you are involved in an accident in Illinois, here are some steps you should take:
1. Stop the car. The first step is to stop the car and ascertain whether or not you are injured. You also need to know if any other person involved in the crash is injured.
2. Report to police and seek medical attention right away. Call 911 to receive medical help and ensure the event is well reported to police by inviting authorities to the scene of an accident.
3. Gather information. exchange personal and insurance information with all the driver(s) involved.
4. Document the accident. Before the cars are towed away, make sure you take photographs of the damages on both the exterior and interior of the cars. Also, get photos of the skid marks, license plates, surrounding traffic, etc.
5. Witness information. You will need help with the eyewitness statements later if you decide to pursue a claim settlement in case of lawsuits.
6. Consider hiring a car accident lawyer. If there are injuries involved, you may need to hire a hit and run lawyer to help you get the compensation you deserve.
How to avoid leaving the scene of an accident in Illinois?
I can’t stress enough how serious the consequences of committing a hit and run in Illinois are. Here are some steps you can take to avoid leaving the scene of an accident in Illinois:
1. Stay at the scene. Make sure you stay at the scene of an accident. If you left to pursue something important, make sure you return back as soon as you can.
2. Get medical help. You are legally obligated to render help to anyone that is injured in the accident. You must help the injured to access medical help as soon as possible.
3. Do not leave the scene before the police show up. Let police compile the car accident report, and if possible make sure you get a copy of the crash report.
4. Exchange information. Gathering and exchanging information is very important in any car accident. This will help you and the authorities to solve liability issues.
5. Other things you need to do to document the accident, collect witness statements, and consider seeking help from an experienced hit and run lawyer.
What are the consequences of driving with a suspended license in Illinois?
Just like in any other country or state, you must at any cost avoid driving with a suspended driving license. The following are a few of the consequences of driving with a suspended license in Illinois:
1. Fines. I hope you still remember that you may be asked to pay a fine of up to $2,500 just for driving with a suspended license in Illinois.
2. Criminal record. Did you know that any traffic criminal record has an effect on your future employment opportunities? well, better do today.
3. License suspension or revocation. You may get your license suspension period extended or at worst revoked if you are caught driving with a suspended driving license.
4. Felony charges. Subsequent offenses may cause you charges of class 4 hit-and-run felony. Class 4 felony charges, carry more severe penalties, including a potential prison sentence of 1-3 years.
How to fight a leaving the scene of an accident charge in Illinois?
To fight a leaving the scene of an accident charge in Illinois, hire an experienced attorney, gather evidence, challenge the evidence, argue lack of knowledge, necessity, duress, or mistaken identity, and negotiate a plea bargain.
It is also important to note that any specific legal defenses may vary depending on the circumstances of your case at your hands.
Conclusion.
Any hit and run lawyer will tell you that leaving the scene of an accident in Illinois is a serious offense that can lead to severe penalties, including fines, jail time, and a criminal record.
It is important to follow the law and take the necessary steps if you or your loved one is involved in an accident. You must ensure that you stopped your vehicle, provided your information, and assisted any injured persons.
If you or your loved ones are facing charges for leaving the scene of an accident in Illinois, it is important to speak to an attorney who can help you understand your rights and develop a strong defense.
Source/ references
1. Leaving the Scene of an Accident Attorney
Lake County Illinois. source: https://www.hoffmanlegaldefense.com/leaving-the-scene.html
2. Leaving the Scene of an Accident. Source: https://www.marriettlegal.com/leaving-the-scene-of-an-accident/
3. Leaving the Scene (Hit & Run) Offenses in Illinois. source: https://www.illinoisdriverslicensereinstatementlawyer.com/leaving-the-scene-of-an-accident.html
4. CRIMINAL LAWYER ILLINOIS. source: https://www.criminallawyerillinois.com/2021/07/06/what-are-the-penalties-for-leaving-the-scene-of-an-accident-in-illinois/