Legal Risks and Penalties for Leaving an Accident Scene

If a driver is involved in an accident, regardless of fault, they must stop. This is a legal requirement, and there can be severe risks and penalties for drivers who leave an accident scene. The reasoning is simple. After an accident, people may have been hurt, and if a person was able to drive away, they were certainly fit enough to stop and summon emergency help. 

Even if the accident is minor, nobody can simply decide they were not to blame for it and drive off without providing their details. They must remain on the scene for the sake of accountability. Of course, most people who leave an accident scene do so for reasons of their own, and these will seldom serve as a defense if they are later apprehended. Victims of these crashes can turn to a Chicago hit-and-run lawyer for guidance on seeking justice and compensation.

When a Hit-and-Run Accident Results in Someone’s Death or Injury

Laws related to leaving the scene of an accident in which someone was killed or injured are captured in ILCS 5/11-401. The short version of this is that it is regarded as a felony to leave an accident scene if someone has been injured or killed. 

Possible consequences for breaking this law include:

• Driver’s licence suspension.
• Being charged with a Class 4 felony for failing to stop.
• Failing to stop and not reporting the accident within half an hour is a Class 2 felony. 
• Being charged with a Class 1 felony if a person dies. 

Those who are found guilty of felony charges face hefty fines and time in prison. Penalties for a hit-and-run involving injury or death range from 1-3 years in prison to 4-15 years in prison. In addition, fines can total tens of thousands of dollars. 

When a Hit-and-Run Accident Only Results in Property Damage and Both Drivers are Present

The laws governing this scenario can be found under ILCS 5/11-402. The same basic rules that apply to accidents with injuries are still in force. The drivers must stop as close to the scene as they safely can. They must comply with their duties under ILCS 5/11-403, providing their information and confirming that urgent medical assistance is not needed. 

Violating this law makes a driver guilty of a Class A misdemeanor, and the penalty can be as much as 12 months in jail and a substantial fine. A driver who is guilty of this type of hit-and-run can also have their driver’s license suspended if the damage to the other vehicle exceeds a certain value.

When a Hit-and-Run Accident Results in Property Damage and the Other Driver Isn’t Present 

Even if nobody is hurt and the other driver or owner of damaged property is not present, stopping at the scene is required under ILCS 5/11-402. The driver is required to do what they can to track down the owner. If they cannot do so, they must leave their details in a secure and prominent position and notify the police. Failing to comply with this law is a Class A misdemeanor carrying a penalty of 12 months in jail and a fine.

Risks and Penalties in Civil Cases When Drivers Leave the Scene

Criminal prosecutions for felony and misdemeanor offenses do not help accident victims. To recover compensation, they must claim against the at-fault driver’s insurance or file a civil lawsuit. Although this follows the same process as it would if the driver did not leave the scene, a hit-and-run driver, if apprehended, faces a high risk of being sued for punitive damages. 

Punitive damages are meant to punish a person for reckless, malicious, or egregious behavior. If a hit-and-run driver left an injured person behind at an accident scene, that is highly likely to fit the definition of this type of willful wrongdoing. Victims may benefit from the guidance of a car attorney in Chicago when pursuing these claims.

What Qualifies as Leaving the Scene of an Accident?

The term “leaving the scene of an accident” can seem rather unclear if you do not consult the statutes listed above. They provide for situations in which it would be unsafe to stop. For example, to stop immediately, the driver would have to stop in the path of other traffic, endangering themselves and even more drivers. 

The law provides for this eventuality, stating that drivers should stop in a place where they do not obstruct other traffic. It specifies that this should be as close to the scene as possible, but goes on to say that the driver must then leave their vehicle and return to the scene. This is necessary to comply with the law requiring them to check whether anyone needs help, and to exchange information with the other driver. 

What to Do if You Panicked and Left the Accident Scene

In the moment, people sometimes make serious mistakes, and leaving an accident scene out of pure panic is among these. It is still your duty to get help to anyone who might be injured, and reporting within a 30-minute window will reduce the severity of any charges you may face. Whatever your situation, leaving the police to track you down will mean that your case is viewed in a far more serious light, so do the right thing and make that call. 

What to Do if Someone Else Left the Scene of an Accident

If another driver speeds off after striking a pedestrian, another car, or a cyclist, the accident victim and the police will be interested in finding out who the driver was. If you or a witness can capture the license plate details, that can be very helpful. 

Even a partial license plate number, make and model of car, or color of car can be some help. Whether you can get this evidence or not, call 911 immediately. There may be people needing emergency assistance, and the police stand a better chance of tracking down the offender if they act right away. A hit-and-run attorney can also help victims explore compensation options even if the driver is not found.

Consult a Hit-and-Run Lawyer in Chicago If You Were Hurt in an Accident and the Driver Fled the Scene

Many people do not realize that lawyers can help them with hit-and-run accidents. A Chicago hit-and-run accident attorney from Taxman, Pollock, Murray & Bekkerman can work with police to identify the motor vehicle and its driver. If this fails, they will look for other avenues open to you, going through your insurance policy documents and negotiating with your insurance company.

Our award-winning law firm is there for individuals who have been hurt because others failed in their duty toward them. Contact us for a free consultation today.