Leaving the scene of an accident is often called a “hit and run.” When there is property damage to another vehicle, this offense is a Class “A” misdemeanor, meaning you could face up to a year in jail and a $2,500 fine plus court costs. Based on the seriousness of these types of charges, if you attend court without a lawyer, most judges will make you return to court with an attorney to advise you of your rights and possible outcomes.
Everyone knows that leaving a scene of an accident is big deal. Few know exactly what the law requires a person to do if an accident happens. What are the requirements? Who has to do what? What are the penalties for leaving the scene of an accident, particularly if that happens in Illinois?
How to avoid a ‘leaving the scene’ charge
The law regulating what a person should and should not do following an accident when a vehicle is damaged can be found in Illinois Code 625 ILCS 5/11-402. That section of the law requires that anyone in an accident involving a damaged vehicle must:
- Pull over (if possible) to a safe location;
- Give their registration, ownership, and driver’s license number information to the other driver;
- Call the police to provide the information for a police report (if the other driver cannot receive your information).
If a driver involved in an accident fails to do this, they will likely be charged with leaving the scene of accident involving damage to another vehicle.
The penalty for leaving the scene of an accident
Unlike most traffic offenses that amount to a petty offense (fine only), leaving the scene of an accident involving damage to another vehicle in Illinois is a Class A misdemeanor. This is a serious crime in Illinois; in fact, it is one step below a felony. If you’re convicted, a judge has the option of putting you in jail for a year and levying a fine of up to $2,500, but that is not the end of what you could be facing.
Under the provisions of this law, there is another, serious consequence of being convicted of violating this law. If, after conviction, the judge finds that there was more than $1,000 in damage to the other vehicle, then the State of Illinois can suspend your driver’s license. So, not only do you face jail time and a fine but the loss of your driver’s license as well. As you can see, being charged with leaving the scene of an accident involving damage to another vehicle is quite serious.
Leaving the scene of an accident involving personal injury or death (felony offense)
In addition to the seriousness of a charge of leaving the scene of an accident involving property damage, there are more serious consequences if you are involved in an accident and leave the scene where another individual is either injured or killed. If you leave the scene and fail to render aid to another person, you could face Class 1 felony charge, which carries 4-15 years in the Illinois Department of Corrections.
Get help with your leaving the scene of an accident ticket from our Illinois attorneys
Given the seriousness of being convicted of this crime, it is important for anyone charged with this offense to talk with an attorney as soon as possible. With the prospect of going to jail, these charges must be aggressively defended. At Driver Defense Team, we defend those accused of traffic offenses in the Cook County, DuPage County, and Chicago areas. Contact us today and we will explain your options and how we can serve you.
