Car accidents in Illinois do not always result in charges for a criminal offense. Instead, liability for damages generally follows the doctrine of negligence. The driver who caused the accident — or his or her insurance carrier — will be responsible for any resulting harm or injury. In certain cases, the perpetrator’s actions were so dangerous that criminal charges are appropriate, including involuntary manslaughter and reckless homicide.
The definition of involuntary manslaughter appears under 720 ILCS 5/9-3. This offense occurs under the following conditions:
- A perpetrator acts in a reckless manner, whether lawfully or unlawfully; These actions are likely to cause serious harm or death; and A victim dies as a proximate result of the reckless actions.
In this context, it does not matter whether the perpetrator acted in a lawful fashion. If their conduct was reckless and likely to cause harm or death, then it [...]