First things first, Illinois law makes it a crime for any driver involved in any motor vehicle crash to leave the scene of the accident. Even in a fender-bender with only minor property damage, it is illegal to drive away before sharing information with the other driver. This is a misdemeanor crime in Illinois. The penalty for this offense is a maximum of 364 days in jail and a maximum criminal fine of $2500.00. Their driver’s license may be suspended for a period of time. Read, 625 ILCS 5/11-402.
In more serious collisions, like a Chicago pedestrian accident where someone is hurt or killed, Illinois law is much more severe. First of all, the driver(s) must file an Illinois Crash Report with the police department having jurisdiction of the crash site. Read, 625 ILCS 5/11-406. The driver(s) must stay at the scene of the accident.
If a driver leaves the accident site where there has been a death or serious personal injury (defined as any bodily injury needing immediate medical care) and fails to help the accident victim, then it becomes a felony offense. Felonies come with years behind bars if convicted. Read 625 ILCS 5/11-401, which provides:
- Illinois considers it a Class 4 Felony for a hit-and-run driver to leave the scene of the accident without helping the injured. Upon conviction, this comes with a possible 1 to 3 years prison sentence.
- Any hit-and-run driver that leaves the scene of the accident and fails to report the accident within thirty (30) minutes of the event at the nearest police station has committed a Class 2 felony. This comes with a sentencing range of 3 to 7 years imprisonment.
- When the accident results in the death of any person, the hit-and-run driver may be found guilty of a Class 1 felony.
For hit-and-run pedestrian accident victims and their families, it is important to know that the driver leaving the scene of the crash is committing a felony crime in Illinois. This means that, unlike most Chicago motor vehicle accidents, law enforcement will be investigating the accident and looking for the driver for arrest on criminal charges.
Criminal Prosecutions and Civil Claims in Chicago Hit-and-Run Pedestrian Accidents
The criminal justice system in Illinois is independent of the jurisdiction of its civil courts. In criminal proceedings, law enforcement investigations gather evidence through search and seizure. They take sworn witness statements; collect CCTV footage and smartphone videos; and track down the motor vehicle and its driver in order to make an arrest. Afterwards, there will be a criminal proceeding which may end up in a plea deal or a full trial. If the driver is convicted, then there may be fines imposed as well as a sentence of felony imprisonment.
Key here is the victim of the deadly hit-and-run pedestrian accident and their grieving loved ones will not be primary parties in the criminal matter. The State of Illinois is seeking to enforce its criminal laws.
The prosecutor’s focus is not upon bringing recompense to the victim and the victim’s families. There will be no monetary award for the victim at the conclusion of the criminal matter, except for a possible restitution order. For this, the state’s personal injury and wrongful death laws provide civil remedies.
Finding the Fleeing Driver and Gathering Evidence of the Driver Causing the Fatal Crash
In the corresponding civil matter, the criminal investigation may be of help – or vice versa. They operate under different rules of evidence and procedure. The criminal proceeding in Chicago will be overseen by the Cook County State’s Attorney’s office. The civil matter will be pursued by the personal injury attorneys advocating for the victim.
Each investigation may benefit the other. For instance, the police report taken at the accident site may be introduced as evidence in the civil proceeding, and the officers at the scene may be called to testify.
Of course, for both matters (civil and criminal) there will be an imperative need to find the driver who fled the scene. This is not always easy. If the fatal pedestrian accident happened at night, for instance, or at a Chicago intersection where no one was around at the time of the crash, then it will be difficult to gather evidence of the person who was responsible.
Both the police and the advocates for the hit-and-run pedestrian victim will be undertaking factual investigations of the hit-and-run accident. These are independent inquiries.
The police have the advantage of being faster in their work than the victim’s advocates because they have started immediately after the accident occurred. However, the advocate’s investigation has the advantage of some witnesses being more willing to share information with the victim’s investigators than with the police. There is no law against these two investigations cooperating with each other.
Criminal Case Seeks Punishment; Civil Claims Demand Monetary Damages
At the conclusion of the criminal investigation, the hit-and-run driver may not only face felony charges for leaving the scene of an accident, but the serious felony charges of driving under the influence (DUI) and possible reckless homicide charges. The goal for the state’s attorney will be to obtain punishment that fits the crimes that resulted in the death of the pedestrian.
Meanwhile, after the victim’s investigation is done with facts collected and legal research completed, and the hit-and-run driver has been identified as the defendant in the civil injury case, then a lawsuit can be filed seeking civil damages.
Here, the plaintiffs can seek things like monetary compensation from the driver, the driver’s insurance carrier, and possibly other third parties identified as having legal liability, for things like:
- Emergency medical care
- Medical expenses (hospital services, surgeries, ICU care, etc.)
- Pain and suffering
- Lost wages
- Lost future earning capacity
- Funeral expenses
- Wrongful death benefits for family members.
Justice for Hit and Run Chicago Pedestrian Accident Victims and Their Loved Ones
It is shocking to think that immediately after a deadly Chicago pedestrian accident, someone chooses to drive away and not even bother to call 911 to help the victim. Often, these drivers are driving drunk or otherwise involved in illegal endeavors that override any feelings of compassion for the injured pedestrian they have hit.
In some horrific instances, the fatal pedestrian hit-and-run accident is intentional and the driver will face charges of first-degree murder. See, e.g., “Man Charged in Fatal South Shore Hit-And-Run That Left 3 dead, 1 Injured Sped Toward Group, Prosecutors Say,” written by Matt Masterson and published by WTTW on August 23, 2022.
Chicago pedestrian accident civil claims may be filed not only against the hit-and-run driver, but other third parties that the accident investigations have revealed to have legal responsibility, such as:
- Workers’ compensation if the driver was on the job at the time of the accident
- Those who served alcohol to the driver shortly before the accident
- Those who gave drugs to the driver shortly before the accident
- Those responsible for the repair or maintenance of the motor vehicle
- Those responsible for hiring, training, or monitoring of the driver
- Those responsible for monitoring and upkeep of the vehicle.
It is unlikely that the criminal investigation will reveal these additional parties who share culpability for the tragedy. This is because the criminal matter is dedicated to punishing the hit-and-run driver, and not pursuing remedies against those who have breached legal duties of care and safety in the hit-and-run accident.
For more on Chicago Pedestrian Accidents, read:
- Chicago Pedestrian Accidents with Commercial Vehicles
- Causes of Chicago Pedestrian Accidents
- Why is Chicago So Deadly for Pedestrians?
- Chicago Pedestrian Accidents: How Dangerous Are Chicago Streets?
- Deadly Pedestrian Accidents: Risk of Fatal Pedestrian Collision is Highest in Past Three Decades.
Today, pedestrians face an extremely high risk of being killed in a motor vehicle accident in the Chicagoland area. This danger is particularly disturbing given the possibility that the driver will flee the accident scene and leave the victim alone to suffer or die without bothering to call 911. This is unconscionable. Things must change. Please be careful out there!
