Hit-and-run accidents can have serious consequences in Illinois. Depending on the circumstances, leaving the scene of a crash could also be a crime.
A hit-and-run in Illinois is charged as a misdemeanor or felony, depending on the level of damage caused and if anyone was injured. In the case of an injury wreck, it is generally a misdemeanor. But if a person is injured or killed, then leaving the scene is a felony charge.
Illinois law states that drivers in crashes must stop, render assistance as required, and exchange contact and insurance information. Violating these rules can result in fines, jail time, and losing your license. The precise penalties vary case by case. Those involved in a hit-and-run are encouraged to speak with an attorney as soon as possible to understand their rights and options.
Understanding Hit-and-Run Offenses in Illinois
Hit-and-run offenses in Illinois are serious crimes. They involve leaving an accident scene without stopping to help or share info. The law treats these cases harshly.
Definition and Legal Background
A hit-and-run happens when a driver leaves an accident without stopping. The Illinois Vehicle Code sets the rules for these cases. Drivers must stop after any crash, even if it’s just property damage.
The law requires drivers to:
- Stop their vehicle
- Give their name and address
- Show their driver’s license if asked
- Help any injured people
- Call 911 if someone is hurt or killed
Not following these steps can lead to criminal charges. The police take these cases very seriously.
Categories of Hit-and-Run: Misdemeanor vs. Felony
Hit-and-run offenses can be misdemeanors or felonies. The type depends on what happened in the crash.
Misdemeanor hit-and-run:
- Only property damage
- No injuries
- Fines and possible jail time
Felony hit-and-run:
- Injuries or death
- Longer jail sentences
- Bigger fines
- License suspension or loss
The law is tougher on crashes with injuries. Leaving someone hurt can mean years in prison. Even if no one is hurt, running away after a crash is still against the law.
Legal Consequences and Penalties for Hit-and-Run
Hit-and-run cases in Illinois can lead to serious legal trouble. Drivers who leave accident scenes may face criminal charges, fines, and loss of driving privileges. The exact penalties depend on the crash details.
Penalties for Leaving the Scene
In Illinois, hit-and-run penalties vary based on the crash’s impact:
- Property damage only: Class A misdemeanor
- Up to 1 year in jail
- Fines up to $2,500
- License suspension for up to 1 year
- Injuries: Class 2 or 4 felony
- 3-7 years in prison (Class 2)
- 1-3 years in prison (Class 4)
- Fines up to $25,000
- License revocation for at least 1 year
- Death: Class 1 felony
- 4-15 years in prison
- Fines up to $25,000
- License revocation for at least 2 years
Repeat offenders face harsher punishments. Drivers may also lose their vehicle registration.
Civil Liabilities and Restitution
In addition to criminal charges, a hit-and-run driver can be sued in civil court. Victims can sue for:
- Medical bills
- Lost wages
- Pain and suffering
- Property damage
Courts frequently award restitution to crash victims. This makes the at-fault driver responsible for damages. Hit-and-runs complicate insurance claims Many policies exclude drivers who leave the scene of the accident.
Representations and Legal Defenses
A good defense attorney will help combat hit-and-run charges. Potential defenses might include:
- The driver didn’t realize they had struck something
- The driver fled to get help
- Anyone other than the driver was at the wheel of the car
Legal counsel is critical where hit-and-run cases are concerned. A good lawyer can:
- Negotiate with the prosecutors
- Challenge evidence
- Argue for something less than a charge
- Help you keep your driving privileges
Counties like Cook and DuPage even have special traffic courts for these kinds of cases. You need an attorney who understands local laws and court systems.
