Car accidents are frustrating, but hit-and-run accidents are even more stressful and can feel overwhelming. As in all states, committing a hit-and-run in Illinois is against the law. Anyone who flees from the scene of a crash faces serious criminal penalties. Unfortunately, these penalties do nothing for accident victims and do not help them obtain the compensation they need. So, how can you obtain the damages you deserve after a hit-and-run accident? What steps should you take? Below, one of our Chicago car accident lawyers answers these questions.
What is a Hit-and-Run in Chicago?
According to the AAA Motor Club, a hit-and-run accident happens every minute in the United States. With a population exceeding 2.5 million people, Chicago is the largest city in Illinois. As such, the amount of hit-and-run accidents in the city are among the highest in the state.
There are many laws in the Illinois Vehicle Code regarding hit-and-run accidents. Any motorist involved in a crash must take the following actions:
- Stop their vehicle and remain at the scene, or as close as possible if remaining in the road poses a hazard.
- Exchange their name, contact information, driver’s license number, registration number, and insurance details to all drivers involved in the crash.
- Provide assistance to anyone injured in the accident.
When a person does not stay at the scene but instead, flees the scene without exchanging information or reporting the accident to law enforcement, it is considered a hit-and-run. If the accident only resulted in property damage, the offense is classified as a Class A misdemeanor. If the accident resulted in a fatality, the charge is upgraded to a Class 4 felony, punishable between one to three years in prison, a driver’s license revocation, and a maximum fine of $25,000.
Failing to report an accident that resulted in injury or death to law enforcement is a Class 1 felony that carries penalties of between 4 – 15 years in prison, a driver’s license revocation, and a maximum $25,000 fine. Again, however, these penalties are meant to punish the defendant and not compensate accident victims. Even if a hit-and-run driver is convicted, fines are paid to the state and not injured individuals.
Why Do Hit-and-Run Drivers Fail to Stop?
There are many reasons a motorist may fail to stop after an accident. The most common of these are as follows:
- The motorist is driving while under the influence of alcohol or drugs
- The motorist does not have a valid driver’s license
- The driver does not have auto insurance
- The driver has an outstanding warrant for their arrest
- The vehicle the motorist is operating is stolen
Not all motorists flee the scene of a crash for egregious reasons. Sometimes, drivers are simply unaware that they were involved in an accident. Still, this may not protect them from criminal penalties or from paying damages if they are located.
Steps to Take After a Hit-and-Run
Just like other types of auto accidents, there are certain steps you should take after any hit-and-run accident. These can help strengthen any future claim you file. The most important steps to take after a hit-and-run accident are as follows:
- Call 911: A hit-and-run accident can result in very serious injuries. It is critical that you call 911 right away. This will call police and an ambulance to the scene. Police will write and file a report and paramedics can provide the immediate medical attention you need. Also make sure to follow all recommendations from the paramedics, such as going to the hospital after you leave the scene.
- Gather information: Try and obtain as much information as possible about the hit-and-run driver, the vehicle they were driving, the accident scene, and your injuries. Try to remember what direction the driver was headed, the model of car they were driving, and their license plate number, if possible.
- Locate witnesses: If there are people nearby that may have seen the crash, it is important to locate them and ask them for their names and contact information. They may have observed more than you were able to, such as a physical description of the hit-and-run driver.
- Contact a Chicago car accident lawyer: Car accident claims are always complex, but they are even more complicated when you do not know who caused your crash. Our Chicago car accident lawyers will conduct a full investigation to try and locate the driver and help you obtain the full damages you deserve.
Just as there are important steps to take after a hit-and-run accident, there are also things you should never do. Do not chase the hit-and-run driver, as this is very dangerous. Also never leave the scene before you have reported the crash to the police, as this can strengthen your credibility.
How to Obtain Compensation After a Hit-and-Run Accident
Illinois is a fault state and so after a car accident, you must file a claim against the negligent driver. When you do not know who the negligent driver is, this may be impossible. Fortunately, you may still have legal options for obtaining compensation after a crash. These include:
- Uninsured motorist coverage: Uninsured motorist (UM) coverage is required for all motorists to carry in Illinois and it can cover property damage and bodily injury after a hit-and-run accident.
- Personal injury protection coverage: Personal injury protection (PIP) coverage is not required in Illinois, but motorists can purchase it. Like UM coverage, PIP coverage is provided by your own insurance company.
- MedPay coverage: Like PIP coverage, MedPay is optional in Illinois. It is recommended that all motorists carry this type of coverage, as it can help you recover your medical expenses after a hit-and-run accident.
Call Our Car Accident Lawyers in Chicago Today
At Kennedy Watkins, our Chicago car accident lawyers know how stressful hit-and-run accidents are, and we are here to help make things easier. Our experienced attorneys can conduct an investigation, explain your legal options, and help you obtain the full and fair settlement you deserve. Call us today at (312) 448-8181 or contact us online to schedule a free consultation and to learn more about how we can help.