Illinois law requires drivers who fail to stop or report an accident involving physical injury or death are guilty of a felony. Given the harm involved, these charges are more serious than if the driver failed to stop or report an accident involving only property damage.
In this context, the term physical injury refers to any harm that forces the victim to seek professional medical treatment. In other words, minor cuts, scrapes, or bruises fall short of the definition of a physical injury concerning hit and run crimes.
Leaving the Scene of an Accident
625 ILCS 5/11-401 requires all drivers in Illinois to stop their vehicle after causing an accident involving physical injury or death. Drivers must remain at the scene of the accident, or at least as close as reasonably possible, until the authorities arrive. Then the driver must cooperate with law enforcement and provide any requested information.
Any person who violates Section 11-401 by leaving the scene of an accident involving physical injury or death is guilty of a Class 4 felony. Upon conviction, an offender can face one to three years in prison, up to $25,000 in criminal fines, and driver’s license revocation.
Failure to Report an Accident
In the event that a driver leaves the scene of an accident involving physical injury or death, they can avoid violating Section 11-401 by filing a timely accident report. The driver must file this report with law enforcement and include the following details:
- Location of the accident;
- Date and time of the accident;
- Driver’s name and address;
- Vehicle registration number; and
- Names of vehicle passengers, if any.
Section 11-401 requires drivers to file this report within 30 minutes of the accident in question. Though if a driver is incapacitated and incapable of reporting, the report must be filed as soon as reasonably possible.
Any person who violates Section 11-401 by failing to report an accident involving physical injury is guilty of a Class 2 felony. Upon conviction, an offender can face three to seven years in prison, up to $25,000 in criminal fines, and driver’s license revocation.
Any person who violates Section 11-401 by failing to report an accident involving death is guilty of a Class 1 felony. Upon conviction, an offender can face four to 15 years in prison, up to $25,000 in criminal fines, and driver’s license revocation.
Do You Need Legal Help?
No matter what the criminal offense, all charges are serious. A sound strategy and an aggressive defense are essential for a positive outcome. To protect your rights in such situations, it is highly advisable to retain legal counsel from an experienced criminal defense attorney.
The Prior Law Firm in Bloomington, Illinois, has proven experience in matters of criminal defense. If you need legal help with criminal defense, contact us today for a free consultation. You can reach The Prior Law Firm by phone at (309) 827-4300, email at johnprior@thepriorlawfirm.com or by completing an online form.