Leaving the Scene of an Accident
The defense attorneys at the Law Offices of Davis & LaScola frequently represent clients charged with leaving the scene of an accident. This offense can be charged in a variety of ways as follows:
Involving Property Damage (Attended Vehicle)
Under Illinois law (ICS 5/11-402), the driver of a vehicle involved in an accident resulting only in damage to a vehicle which is driven or occupied by another driver must immediately stop at the scene or as close as possible. The driver must remain at the scene and comply with all requirements listed under 5/11-403. A violation of this statute is a Class A misdemeanor. If convicted, and the damage to a vehicle is over $1,000, the Secretary of State will suspend the defendant’s driver’s license.
Involving Property Damage (Unattended Vehicle)
Under Illinois law (ILCS 5/11-404), the driver of a vehicle involved in an accident resulting only in damage to a vehicle which is unattended, or other property, must immediately stop at the scene or as close as possible. The driver must either locate and notify the operator or owner of the property and give their name, address, and registration number of the vehicle OR attach a written notice with this information to the vehicle or property and notify the police. A violation of this statute is a Class A misdemeanor.
Involving Death or Personal Injury
Under Illinois law (ILCS 5/11-401), the driver of a vehicle involved in an accident resulting in personal injury or death must stop immediately at the scene or as close to the scene as possible. Additional reporting requirement are listed under 5/11-403. A violation of this statute is a Class 4 felony.
In addition, a driver who fails to stop immediately must as soon as possible but in no case later than 30 minutes after the accident report the place of the accident, date, approximate time, name of driver and occupants, address, registration number of the vehicle at a police station near the accident. A violation of this statute may be charged as Class 2 felony (or a Class 1 felony if death results).
The Illinois Secretary of State will revoke the driver’s license of anyone convicted under ILCS 5/11-401.
The attorneys at the Law Offices of Davis & LaScola handle these types of charges throughout Illinois including Cook County, DuPage County, and Lake County. Feel free to contact us if you have received a ticket for leaving the scene.