Failure to Give Aid After an Accident
The law which governs Failure to Give Aid after an Accident can be found in the Illinois Vehicle Code under 625 ILCS 5/11-403, which provides that anyone who is involved in the accident has certain legal obligations under Illinois law. Failing to fulfill any of these requirements after an accident can result in criminal charges.Explanation of the Law
There are two primary requirements under the law. First, anyone involved in an accident is required to share specific information with the other party. Second, anyone involved in an accident must provide aid to the passengers and driver of the other vehicle if there are any injuries.
The law does not require that other individuals who are driving past the accident or who simply observed the accident provide aid.Sharing Information After an Accident
While driving in Illinois, the law requires that you share specific information after an accident. The information you must share with the other party includes:
- Your name
- Owner of the vehicle being driven
- Registration number of the vehicle
- Exhibit your driver’s license (if requested by the other party)
However, if the other party is not in a condition to receive the information and a police officer is not present, you are required to go to the nearest police department to file a report after rendering aid as described below.Providing Aid
The requirements under Illinois law do not end once you have provided the necessary information outlined above. Under Illinois law, drivers are required to give reasonable assistance to anyone injured as a result of the accident. This includes:
- Contacting an ambulance, or
- Taking the injured person to the hospital
Of course, you have to follow these requirements only if someone is injured and requires treatment or if medical assistance is requested by the other party. Failure to give aid after an accident can result in serious criminal charges and penalties.Criminal Penalties
Failure to Give Aid is a criminal charge under Illinois law. Specifically, the offense is charged as a Class A misdemeanor with a maximum penalty of up to one year in jail and a fine up to $2,500.00 plus mandatory court costs. While the maximum penalty is rare in the majority of cases, there are a variety of possible outcomes including being placed on a period of court supervision. Requirements such as community service and traffic safety school may also be imposed.
The scene may be chaotic in the aftermath of a traffic accident. Misunderstandings occur and drivers often fail to comply with the requirements under the law despite their best intentions. If you are charged with Failure to Give Aid in the Chicago Area, including Cook County, Lake County and DuPage County you are encouraged to discuss your case with one of our experienced attorneys.
The Davis Law Group, P.C. has successfully represented numerous clients charged under Illinois Vehicle Code 625 ILCS 5/11-403. The traffic and criminal defense attorneys at our firm have decades of combined experience. Contact us today so we can help you understand your options and discuss the most appropriate strategy to ensure the best possible result. We are here to provide you with the high-quality legal representation that you deserve.