Understanding Leaving the Scene Laws
As defined by Illinois law (625 ILCS 5/11-402), a car involved in an accident that causes damage to another vehicle is required to stop at the scene, so long as they don't impede traffic. In Illinois, you are legally obligated to stop and offer aid if you are involved in an accident that causes property damage or personal harm. You may be charged with a crime for leaving the scene of a vehicle accident, even if you were in a parking lot and were unaware that you had hit someone.
Driving off the highway to the closest safe location on an exit ramp shoulder, a frontage road, the closest suitable cross street, or any other location that doesn't obstruct traffic violates this section. The driver must stay at that location until they have complied with Section 11-403 requirements. No more than minimal traffic obstruction shall be caused during any such halt. When a damaged car obstructs a traffic lane, the driver must use all reasonable means to either move the vehicle or move it so that the traffic lanes are not blocked.
Legal Consequences and Penalties in Illinois
The Illinois Vehicle Code (625 ILCS 5/11-402) lays down the state's provisions governing leaving the scene of a traffic collision. These laws are essential for ensuring everyone's safety and fair processing of the incident. Various factors may influence the seriousness of the charges, contingent on the details of your case. Violation of this section is often classified as A Class A misdemeanor. The following are the fines and charges associated with leaving the scene of a deadly accident in Illinois:
- If the collision resulted in property damage and no one was hurt or killed, you have to exchange contact and insurance details. You will be charged with a Class A misdemeanor if you don't comply. Possible penalties could amount to a $2,500 fine and up to a year in jail. Your license might be suspended if the damage to any car exceeds $1,000.
- You must file an Illinois Crash Report at a police station if leaving the scene of an accident on private property caused physical harm, property damage over $1,500, or the death of an individual. The crash report must be turned in to the Illinois Department of Transportation within a day following the collision. The Secretary of State may suspend your driver's license if you cannot provide the report.
- Leaving the scene of a deadly accident involving personal injury without offering assistance is a Class 4 felony and carries a potential 1-to 3-year prison sentence as well as a fine of $25,000. An incident involving death is a class 3 felony that carries a 5-year jail time and up to a $25,000 fine.
When an accident results in death or serious injury, the person who failed to stop is expected to report the incident to police authorities within 30 minutes. The driver should report the accident no later than 30 minutes after being released from a medical facility if they were hospitalized.
DUI and Fleeing the Scene
If under the influence of alcohol or drugs, most drivers may flee the scene of the incident rather than face the penal law of being found to blame. There are serious penalties for fleeing the scene of an accident to avoid being charged with DUI. The hit-and-run driver may face felony charges, depending on the extent of the accident and whether anyone was hurt. A driver's involvement in hitting a pole and leaving the scene may also be regarded as a grossly aggravated factor in determining the appropriate course of action for the DUI allegation.
They might not have car insurance or fear seeing their premiums increase. If your DUI caused injury or death to someone and you fled the scene, you could be charged with a criminal offenses. Even though a basic DUI might only be a misdemeanor on its own, aggravating circumstances, including rear ended driver left scene, can make the violation more serious.
Common Scenarios of Leaving the Scene
There are common scenarios that may be likened to leaving the scene after a car accident. After hitting another car, drivers may flee the scene, often out of fear for their safety or fear of facing legal action. These can be small bumps on the road or collisions that result in serious harm and private property damage. Drivers may run away to escape accountability, not realizing that their problems only get worse when they leave the scene. These common scenarios are explained below:
Hit a Pole and Left the Scene
Driving off after hitting a pole with your vehicle is a common scenario of leaving the scene. It applies even if you hit a parking lot pole. Your insurance claim can also be at risk if you leave the incident scene without calling the police. When processing insurance claims, insurance firms refer to police records and incorporate the report as proof. You must notify your insurance provider and the authorities about the incident immediately.
It's crucial to contact 911 and stay inside your car if you strike a pole so that the police can assist when they get there. This is to support you should you need to make a damage claim with your insurance company.
Rear-Ended Driver Left Scene
There are serious consequences for drivers who flee the scene of an accident after rear-ending another car. They could be prosecuted with hit-and-run, which carries a possible punishment of fines, jail time, and license suspension. Financially, they might have to deal with increased insurance costs, coverage rejections, and damage liability. A conviction can negatively impact a person's social standing and criminal record, which can limit their access to housing and career prospects. The offending driver may be charged with a misdemeanor or felony. The charges and punishments increase in severity if there are injuries.
Leaving the Scene on Private Property
In Illinois, leaving the scene of an accident on private property has legal implications, but it might not be the same on a public road. Regardless of where the accident occurs, drivers are required by the Illinois Vehicle Code to stop and provide details if there are injuries, deaths, or property damage. Penalties may include fines, license suspension, and sometimes even jail time in cases where injuries were sustained. Regardless of where an accident happens, the right thing to do is to stop, share information with all people involved, and report the incident to authorities if needed by law.
Contact Us for a Consultation
Leaving the scene of an accident is not a minor crime. The penalties could be lifelong and serious if you are found guilty of a crime. To safeguard your rights in court, you require skilled defense attorneys. Contact an experienced traffic attorney as soon as possible after being charged with fleeing the scene of an accident. Sergei Kuchinski at Kuchinski Law Group lawyer knows how to secure the best possible result and understands Illinois law in detail.
Call the Kuchinski Law Group at (312) 765 7365 to speak with Sergei Kuchinski, our skilled Illinois attorney to help with the charges against you; our lawyer will examine the facts and gather further proof.
