Leaving the Scene of an Accident
The traffic attorneys at The Davis Law Group, P.C. frequently represent clients charged with leaving the scene of an accident in Illinois. You may find yourself charged with leaving the scene of an accident despite your best intentions. Many drivers are misinformed or unfamiliar with the requirements under the law after being involved in an accident. A traffic accident can be a stressful and chaotic experience leading to confusion or miscommunication between yourself and the other party involved.
Illinois law prohibits a driver from leaving the scene of any type of traffic accident without first following proper protocol. "Hit and run" offenses can refer to a number of different scenarios and can be charged in a variety of ways as explained below.Accident with an Attended Vehicle Involving only Property Damage
Under Illinois law (625 ILCS 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 to the scene as possible without obstructing traffic more than necessary. The driver must remain at the scene and comply with all requirements listed under 625 ILCS 5/11-403.
A violation of this law is a Class A misdemeanor. A Class A misdemeanor is punishable by a maximum penalty of up to 12 months in jail and a fine of up to $2,500.00 plus court assessments. If you are convicted of this offense, and the damage to the vehicle is over $1,000.00, the Illinois Secretary of State will impose a 12 month driver’s license suspension under 625 ILCS 5/6-206(a)(21).Accident with an Unattended Vehicle Involving only Property Damage
Under Illinois law (625 ILCS 5/11-404), the driver of a vehicle involved in an accident resulting only in damage to a vehicle which is unattended, or damage to other property, must immediately stop at the scene or as close to the scene as possible. The driver must either locate and notify the operator or owner of the property and provide them with their name, address, and registration number of the vehicle OR attach a written notice with this information to the vehicle or property and also notify the police.
This offense is charged as a Class A misdemeanor, carrying a maximum penalty of up to 12 months in jail and a fine of up to $2,500.00 plus court assessments.
Under Illinois law (625 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 without obstructing traffic more than necessary. 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 site of 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 of this offense.Contact Our Traffic Ticket Defense Attorneys
The criminal and traffic attorneys at The Davis Law Group, P.C. often represent those charged with leaving the scene of accident throughout Illinois including Cook County, DuPage County and Lake County. Our lawyers have a thorough understanding of the applicable Illinois law and understand the proper approach to ensure the best possible outcome.
Contact our defense attorneys today if you have received a ticket for leaving the scene of an accident. If you were involved in a hit and run, we can help. Our traffic attorneys are standing by and ready to provide the professional and knowledgeable legal representation that you deserve.