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Failure to Give Aid

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Failure to Give Aid Following an Accident

There are many ways in which the State of Illinois can punish someone for failure to give aid following an accident. This does not mean that anyone observing or driving past an accident must give aid. In fact, only those involved in an accident are under legal obligations to render aid. Failure to comply with this law could land you with a serious criminal charge.

The Illinois law describing the obligations for those involved in an accident can be found in Illinois Code 625 ILCS 5/11-403. This is a state law so the obligation is the same whether you are in Chicago, somewhere else in Cook county, or anywhere in Illinois.

What the Law Requires

There are two different aspects to this law. One part requires anyone involved in an accident to give certain information to the other driver involved. The second part requires anyone involved in an accident to render aid to the other driver and passengers if they are hurt. The information you are required to give is specific, and so is the type of aid the law requires. This is different than other, similar Good Samaritan laws because it only puts an obligation on those involved in the accident.

Requirement to Give Information

If you are involved in an accident anywhere in Illinois, including Cook county or Chicago, then you are required by the law to exchange the following information with the other driver:

  • Name;
  • Address;
  • Registration number;
  • Owner of the vehicle being driven.

Giving this information is not the only obligation under the Failure to Give Aid law. As the name of the law indicates, anyone involved in an accident must actually render aid when needed.

Requirement to Give Aid

The requirements following an accident do not stop with exchanging information. Under Illinois law any driver involved in an accident is required to render the following, minimum amount of aid:

  • Carry the injured person to the nearest hospital
  • Call an ambulance or have the injured person taken to the nearest hospital.

Both of these requirements are only in the event that it appears medical treatment is necessary. Failing to comply with either the information or aid portion of this law can end in a serious criminal charge.

Penalty for Failure to Give Aid

If you are caught breaking this law, then you will be charged with a Class A misdemeanor. This is a serious charge under Illinois law, as it is just one step below a felony. If convicted, you could face a jail term of up to one year and a fine of up to $2,500. As you can see, being charged with Failure to Give Aid can leave you with a lot more to deal with than just your damaged car.

If you are charged with Failure to Give Aid in Cook county, Chicago, or the surrounding areas, you need to speak with an attorney. At Driver Defense Team, we dedicate our practice to defending those charged with traffic tickets and other driving-related crimes in Illinois. When you contact us, we will help you understand what your options are and help you know what steps you need to take next.



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