Leaving the Scene of an Accident Lawyer in Southern Illinois

Leaving the Scene of an Accident Lawyer in Southern Illinois

Illinois law requires motorists to stop at the scene of any motor vehicle crash. Prosecutors can charge you with leaving the scene of an accident if they have evidence that you committed a hit-and-run.

Combs Waterkotte has successfully handled more than 10,000 criminal defense cases just like yours throughout Southern Illinois and across Missouri. We can leverage our experience to craft a vigorous criminal defense against your crash-related charges.

Hit-and-Run Collisions in Illinois

According to the most recent data from the federal government, 2,932 people in the U.S. died in hit-and-run crashes in 2022. The danger of a hit-and-run accident is that the driver who flees the scene might be the only person who can assist the injured. As such, motorists, pedestrians, and cyclists hit by these drivers may suffer avoidable injury or death. For this reason, the state has an interest in punishing hit-and-run drivers to deter this dangerous behavior.

Illinois Statutes That Address Leaving the Scene of an Accident

Illinois has several statutes that criminalize leaving the scene of an accident, as well as other offenses relating to hit-and-run collisions. Bear in mind that these statutes only address the act of leaving the scene of a collision — anything leading up to the crash, such as reckless driving or DUI, may be charged as a separate crime.

For example, suppose that an intoxicated driver hits a pedestrian, causing a permanent disability. They then flee, fearing arrest because of their impairment. The driver could face separate charges of aggravated DUI and leaving the scene of an accident.

Prosecutors can use the following Illinois statutes to charge drivers accused of committing a hit-and-run:

Leaving the Scene of an Accident With Injuries or Fatalities in Southern Illinois

The most severe charge you can face for a hit-and-run involves leaving the scene of a crash that resulted in injury or death.

The statute in question defines “personal injury” as any injury that requires medical attention at a medical facility or a doctor’s office. It therefore excludes minor injuries that don’t require treatment.

Illinois structures its statute differently than other states because it contains two separate offenses.

First, a driver violates the law by failing to stop at the crash site and remain there until they’ve exchanged information and rendered aid. Importantly, this duty applies to everyone involved, including those who didn’t cause the crash.

Second, Illinois law gives drivers a second chance to remedy a failure to stop at a crash. They may report the accident at a police station or sheriff’s office within half an hour of the crash or, if they were hospitalized, within half an hour after being discharged.

A driver who commits a hit-and-run and then fails to use their second chance also violates the statute and faces criminal punishment. Conversely, a driver who commits a hit-and-run but uses their second chance to report it within 30 minutes can’t be prosecuted under the statute.

Most people who leave the crash scene and never report it will face charges for the second offense. As a result, this violation carries more serious penalties. For example, a failure to report a hit-and-run crash that results in death is a Class 1 felony.

The first offense, on the other hand, may be used to charge those who leave a crash site but return to exchange information and render aid. Since its use is narrow, the first offense carries less harsh consequences than the second offense, although both are classified as felonies.

Leaving the Scene of an Accident Involving Property Damage in Southern Illinois

You can also face criminal charges for leaving the scene of a property-damage-only accident. Again, this offense happens when a driver fails to stop to exchange information after a collision that damages another vehicle.

The statute specifically allows drivers to move to a safe location rather than stopping immediately. It lists the following locations as appropriate places to stop after a crash:

• Exit ramp shoulder
• Frontage road
• Nearest appropriate cross street

The law also includes a catchall provision allowing drivers to stop at another suitable location that doesn’t obstruct other vehicles.

Leaving the Scene of an Accident With Unattended Property in Southern Illinois

If you damage an unattended vehicle or any other property, such as a tree, fence, or mailbox, you can comply with the law by performing either of these two actions:

1. Locating and informing the property owner
2. Leaving a note and filing an accident report at the nearest police station

This law isn’t limited to private property. You must follow the same procedure if you knock down a street sign or damage a guardrail that belongs to the local or state government.

Failing to Exchange Information or Render Aid in Southern Illinois in Southern Illinois

When you stop at the accident scene, you must exchange identifying information with the other driver(s).

If anyone requests medical help or their need for treatment is apparent, you must also contact the authorities to request medical assistance or drive them to obtain medical care. You violate the law if you fail to perform both of these duties at the crash site.

Providing False Information in a Crash Report in Southern Illinois

You can also violate Illinois law by filing a false oral or written crash report. For example, suppose that the accused wants to cover up a hit-and-run pedestrian accident. They file a crash report saying they hit a deer, in case anyone sees the damage or the repair garage reports the crash. Such a lie can expose you to criminal prosecution.

Possible Defenses Against Charges for Leaving the Scene of an Accident

When you hire a lawyer to represent you, they’ll recommend a criminal defense strategy based on the facts of your case. The following defenses may apply to your situation:

Lack of Knowledge or Intent

To secure a conviction for leaving the scene of an accident, prosecutors must show that you knew about the crash and intended to leave without returning. However, many factual situations may excuse failing to stop.

For example, you might not have been aware that you hit anything. Alternatively, you might have been unable to stop at the crash site because you were trapped in a lane after other vehicles wouldn’t let you move to the shoulder. You might have even left the scene to seek medical care. In all of these situations, your lawyer can argue that you lacked the intent to commit a hit-and-run.

Alibi

You might have an alibi proving that your vehicle wasn’t involved in a hit-and-run accident. For example, you may have been out of town when the collision occurred. Alternatively, you may have toll receipts showing that you were nowhere near the crash site at the time of the accident.

Mistaken Identity

You can only be convicted of hit-and-run if you were the driver. You can deny that you were the driver without necessarily implicating anyone else. If jurors believe your denial creates a reasonable doubt, they can acquit you.

Penalties for a Leaving the Scene of an Accident Conviction in Southern Illinois

A court can impose the following punishments after a conviction for leaving the scene of an accident: