Leaving the scene of an accident is a serious offense in Illinois, and the legal consequences can be severe, both in terms of criminal penalties and civil liability. Whether the accident is minor or involves significant injury or property damage, drivers are required to remain at the scene, provide necessary information, and render aid if needed. Failure to comply with these obligations can lead to a wide range of legal ramifications. This post explores the consequences drivers in Belleville, IL may face if they leave the scene of an accident.
Legal Requirements in Illinois
Under Illinois law, drivers involved in an accident must stop their vehicles immediately and remain at the scene. The Illinois Vehicle Code (625 ILCS 5/11-401) requires any driver involved in a crash that results in injury or death to provide personal information, such as their name, address, driver’s license, and insurance details, to the other party. They must also offer reasonable assistance, including calling for medical help if anyone is injured. For accidents involving only property damage, such as fender benders or damage to a parked car, drivers must still stop, exchange information, and, if the other party is not present, leave a note with their details. Neglecting these responsibilities can result in serious legal consequences.
Criminal Penalties for Leaving the Scene
Illinois treats leaving the scene of an accident as a criminal offense, with penalties varying based on the severity of the crash.
- Property Damage Only: If the accident only results in property damage, leaving the scene is classified as a Class A misdemeanor. A conviction for a Class A misdemeanor can lead to up to one year in jail and a fine of up to $2,500. The driver may also face a mandatory license suspension.
- Injury or Death: If the accident results in injury or death, leaving the scene becomes a much more serious offense. In cases where the accident causes injury, the offense is a Class 4 felony, punishable by up to three years in prison and fines of up to $25,000. If the accident results in death, leaving the scene can be charged as a Class 2 felony, carrying a sentence of 3 to 14 years in prison.
Additionally, drivers convicted of leaving the scene of an accident that results in injury or death face an automatic license revocation, potentially for several years.
Civil Liability
Beyond criminal penalties, leaving the scene of an accident in Belleville, IL can expose drivers to significant civil liability. In civil court, the driver may be sued by the injured party or property owner for damages. Courts typically view fleeing the scene as a sign of recklessness or negligence, which can significantly harm the driver’s case if a lawsuit arises. In personal injury cases, fleeing can be used as evidence to impose higher damages, including punitive damages designed to punish the driver for their irresponsible actions.
Insurance Consequences
Leaving the scene of an accident can also affect the driver’s insurance coverage. If the driver is convicted of a hit-and-run, their insurance premiums will likely increase significantly. In some cases, insurance companies may cancel the driver’s policy altogether. Furthermore, most insurance policies will not cover damages for a hit-and-run, meaning the driver could be personally liable for all expenses.
If you have any further questions about this topic or are looking for a attorney who takes traffic law cases, call Don Cary Collins, Attorney at Law.
