What Happens if I Have Been Charged With a Hit-and-Run in Illinois?

 Posted on April 30, 2025 in Criminal Defense

Leaving the scene of an accident can be a serious offense in Illinois, mainly depending on the severity of the crash and whether anyone suffered injuries. The consequences can be as harsh as incarceration and steep fines. If you have been charged with a hit-and-run accident, an experienced Naperville, IL hit-and-run defense attorney can help you understand the charges against you, the possible defenses, and the potential penalties you may face.

Are All Hit-and-Run Charges the Same in Illinois?

There is a range of charges you could face for a hit-and-run. A few examples of hit-and-run cases that attorneys see often include:

• Property damage to an unattended vehicle: If you hit an unattended car, Illinois law mandates that you locate the owner and notify them of the accident and your contact information, or leave the information on a card. Failure to do so would result in a Class A misdemeanor.

• Involving property damage to an attended vehicle: According to Illinois statute ILCS 5/11-402, you must immediately stop and wait for the police if you hit an occupied vehicle. Running is automatically a Class A misdemeanor, and your license could be suspended if the damages exceed $1,000.

• Causing death or personal injury: If you are responsible for a hit-and-run that resulted in the death or injury of another person, you could be charged with a Class 4 felony, which is punishable by as much as three years in prison and fines as high as $25,000. Under certain circumstances, you could face a Class 2 or Class 1 felony.

• Involving drinking and driving: If you fail a chemical test after running from an accident that caused death or injury to another person, you could face even harsher penalties.

The circumstances surrounding your case are important. Talk to a knowledgeable lawyer about how these charges may relate to your accident and what you can do to fight them.

What Does the Prosecution Have To Prove To Convict in a Hit-and-Run Case?

The prosecution has to prove that you are guilty of more than just leaving the scene. The evidence must show that you were driving the vehicle that was part of the crash and that the accident caused the other party to suffer death, injury, or property damage. Then, they must prove that you drove away from the scene without providing your contact and insurance information or assessing the situation to see if anyone needed help.

How Can an Attorney Help With a Hit-and-Run Case?

Several factors can complicate a car accident case, and leaving the scene adds another level of complexity. Defending yourself would be a daunting task. Your attorney will fight to protect your rights and ensure you are aware of the legal defenses available to you. For example, you may be able to prove that you were not driving when the accident occurred or that you feared for your safety when you left the scene. Every case is unique and requires a personalized defense.

Contact a Naperville, IL Hit-and-Run Attorney for a Free Consultation

If you have questions about how charges for leaving the scene of an accident could impact your future, an Naperville hit-and-run accident defense lawyer at the Law Office of Philip R. Nathe can help. There is no reason to face this uncertainty alone. Give yourself the best chance at protection from potentially severe penalties and call 630-416-7600 to schedule a free consultation.