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Injured by a Hit-and-Run Driver: What Can You Do?

More than one hit-and-run accident occurs every minute in the United States, more than 682,000 hit-and-run accidents a year. But when it happens to you or someone you love, it’s still a shock. There are several reasons someone might flee the scene of an accident, including intoxication, a suspended license, an outstanding arrest warrant, or just not realizing they’ve caused an accident. Whatever the case, it is illegal to leave the scene of an accident involving injuries or property damage in Illinois. In this post, we’ll walk you through what you can do if a hit-and-run driver injures you or someone you love.

What is a Hit-and-Run?

When a driver hits another person, car, or piece of property and then leaves the scene of the accident without stopping to provide their personal information, it’s a hit-and-run. In Illinois, any driver involved in an accident resulting in injuries or property damage must:

  • – Stop their vehicle as close to the scene as possible,
  • – Provide their name, address, driver’s license number, and registration information to others involved in the accident, and
  • – Assist anyone injured in the crash.

See 65 ILCS 5/11-401 (2016).

Penalties for Hit-and-Run

If a driver doesn’t stop to provide information and assistance to the injured, there are penalties under Illinois law.

  • – Failure to Report an Accident: If someone fails to report an accident they caused to the police, penalties could include up to a year in jail and a fine of up to $2,500.
  • – Hit-and-Run Involving Injuries or Death: A hit-and-run that causes serious injuries or death is a felony. Failing to assist someone seriously injured could result in prison for one to three years. Leaving the scene of an accident that caused a death could result in five years or more in jail.

Penalties for Hit-and-Run in Illinois

Accident with Unattended Vehicle Accident Causing Property Damage Accident Causing Injury Accident Causing Death
Failure to stop & provide required info Up to 1 year in prison

Up to $2,500 fine

Up to 1 year in prison

Up to $2,500 fine

License suspended

1-3 years in prison

Up to $25,000 fine

License revoked

1-3 years in prison

Up to $25,000 fine

License revoked

Failure to file a police report None None 3-7 years in prison

Up to $25,000 fine

License revoked

4-15 years in prison

Up to $25,000 fine

License revoked

What to Do if Involved in a Hit-and-Run

1. Assess your injuries

If you or any of your passengers are injured, you’ll need to call 911 and ask for an ambulance. Assist anyone injured if you can.

2. Call the police

Contact the police and let them know a driver has hit you and fled the scene. Under Illinois law, you must file a written report if the accident involved a death, injury, or property damage more than $1,500. Don’t chase after the hit-and-run driver, and don’t leave the scene before the police arrive.

Provide as much information as possible, including a description of the car and driver that caused the accident. If there were witnesses to the accident, be sure to get their information as well. Note any traffic or surveillance cameras in the area. The more information you provide to the police, the more likely they can identify the hit-and-run driver.

3. Notify your insurance company

Give them all the information you’ve provided to the police, the names and contact information of witnesses, as well as a copy of your accident report once you receive it.

4. Call your attorney

Sometimes fast action can result in the identification of a hit-and-run driver. If the crash injured you or your passengers, be sure to contact an experienced personal injury attorney as soon as possible.

Can I Recover Damages After a Hit-and-Run?

If the police can track down the driver, their insurance should cover damages for physical injuries and property damage. If the driver doesn’t have insurance, you can file a personal injury lawsuit against them. But even if you never find the driver, your insurance should provide some coverage.

The attorneys at Cullotta Bravo Law have focused on personal injury law for more than 30 years. If a hit-and-run driver has injured you or someone you love, give us a call at 630-898-7800 or contact us online.

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