The criminal charge of leaving the scene of an accident is covered under 625 ILCS 5/11-402. The law says a motorist in Illinois has an obligation to remain at the scene of an auto accident and share information. The code says,
Leaving The Scene Of An Accident
Summary Of What To Do Pursuant To § 11-402
- A driver driving when there is a motor vehicle accident
- With only property damage must
- Immediately stop at the scene and
- Remain until requirements of § 11-403 have been met
- Vehicles can be moved to safe location not obstructing traffic
Summary Of Requirements Under § 11-403
After an accident a driver must share the following information with the other driver:
- Your name
- Your address
- Vehicle’s registration number
- Name of vehicle’s owner
- You must exhibit your driver’s license only if requested.
Additionally, after an accident you must remain at the scene and
- Render reasonable assistance to any injured person
- If it is obvious that medical help is necessary, you must call for help.
Below you’ll find the exact language used in the Illinois vehicle code that describes exactly what you need to do to avoid being charged with leaving the scene of a traffic accident.
625 ILCS 5/11-402. Motor vehicle accident involving damage to vehicle.
625 ILCS 5/11-403. Duty to give information and render aid.
If none of the persons entitled to information pursuant to this Section is in condition to receive and understand such information and no police officer is present, such driver after rendering reasonable assistance shall forthwith report such motor vehicle accident at the nearest office of a duly authorized police authority, disclosing the information required by this Section.”
A Violation Of § 11-402 Or § 11-403 Is a Class A Misdemeanor.
Leaving The Scene Of An Accident With Damage Is A Class A Misdemeanor.
It’s common to be charged with Leaving The Scene Of An Accident under section 625 ILCS 5/11-402(a) or 625 ILCS 5/11-403. Both forms of the charge are class A misdemeanors.
Totally fleeing and running away from the scene of an accident is likely charged under 625 ILCS 5/11-402(a).
Sometimes, an individual will technically remain at the scene but not provide any required information. That person can be charged under 625 ILCS 5/11-403.
See the chart below for details about a Class A Misdemeanor.
Illinois Misdemeanor Classes
In Illinois there are 3 classes or levels of criminal misdemeanors. They are:
| Class | Penalty Range | Maximum Fine |
|---|---|---|
| A | less than 1 year | not to exceed $2,500 |
| B | not more than 6 mths | not to exceed $1,500 |
| C | not more than 30 days | not to exceed $1,500 |
Leaving The Scene Of An Accident When There Is Death Or Serious Injury.
Things get a little more serious for a driver who leaves the scene of an accident involving death or serious injury.
Summary Of What To Do Pursuant To § 11-401
- Driving when there is a motor vehicle accident
- When there is a death or personal injury to anyone
- Immediately stop at the scene
- Remain until requirements of § 11-403 have been met
- Vehicles can be moved to safe location not obstructing traffic
Leaving The Scene Of An Accident With Death Or Injury Is A Felony Offense
Leaving The Scene Of An Accident With Death Or Injury Is A Class 4 Felony.
If a driver leaves the scene of a traffic accident involving death or injury but returns within 30 minutes is guilty of a Class 4 Felony. See 625 ILCS 5/11-401(c).
If a driver leaves the scene of a traffic accident where there is serious injury and fails to return within 30 minutes then that is a Class 2 Felony. See 625 IlCS 5/11-401(d).
And finally, if a driver leaves the scene of a traffic accident where there is a death and fails to return within 30 minutes then that is Class 1 Felony. See 625 IlCS 5/11-401(d).
See the chart below for details about a felonies in Illinois.
The Illinois Felony Classification System
As a reference here are the normal ranges of incineration for Illinois felony offenses.
| Class | Sentencing Range | Extended Term (if eligible) |
|---|---|---|
| Class M | 20-60 years | 60-100 years |
| Class X | 6-30 years | 30-60 years |
| Class 1 | 4-15 year | 15-30 years |
| Class 2 | 3-7 years | 7-14 years |
| Class 3 | 2-5 years | 5-10 years |
| Class 4 | 1-3 years | 3-6 years |
Below you’ll find the exact language used in the Illinois vehicle code that describes exactly what you need to do to avoid being charged with a felony offense of leaving the scene of a traffic accident.
625 ILCS 5/11-401. Motor vehicle accidents involving death or personal injuries.
Suspension Of License Is Possible
In the event of death or injury, a conviction under 625 ILCS 5/11-401 leads to a revocation of a driver’s license. 625 ILCS 5/11-401(e)
A conviction for leaving the scene of a property damage accident may lead to a driver license suspension if the damage is over $1,000. See 625 ILCS 5/11-402(b).
See Also
- People v. McCracken, 179 Ill.App.3d 976 (1st Dist. 1989) (mens rea for leaving the scene)
- People v. Nun, 77 Ill.2d 243 (mens rea for leaving the scene)
- People v. Digiorolamo, 179 Ill.2d 24 (for knowledge of other person)
- People v. Kerger, 191 Ill.App.3d 405 (2nd Dist. 1989) (
Samuel Partida, Jr. is now prosecuting criminal law cases in an Illinois county near you. He is, therefore, unavailable to answer questions on this site. Always remember, there is no substitute for steady, persistent attention to the cases.
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