Under 625 ILCS 5/11-402, motorists in Illinois have an obligation to remain at the scene of an auto accident and share information. The code says,

Summary Of What To Do Pursuant To § 11-402

  • Driving when there is a motor vehicle accident
  • With only property damage
  • Immediately stop at the scene
  • 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.

“(a) The driver of any vehicle involved in a motor vehicle accident resulting only in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of such motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of such motor vehicle accident until the requirements of Section 11-403 have been fulfilled. A driver does not violate this Section if the driver moves the vehicle as soon as possible off the highway to the nearest safe location on an exit ramp shoulder, a frontage road, the nearest suitable cross street, or other suitable location that does not obstruct traffic and remains at that location until the driver has fulfilled the requirements of Section 11-403. Every such stop shall be made without obstructing traffic more than is necessary. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.”

625 ILCS 5/11-402.

625 ILCS 5/11-403. Duty to give information and render aid.

“The driver of any vehicle involved in a motor vehicle accident resulting in injury to or death of any person or damage to any vehicle which is driven or attended by any person shall give the driver’s name, address, registration number and owner of the vehicle the driver is operating and shall upon request and if available exhibit such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with and shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to a physician, surgeon or hospital for medical or surgical treatment, if it is apparent that such treatment is necessary or if such carrying is requested by the injured person.
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.”

625 ILCS 5/11-403.

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.

“(a) The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such accident, or as close thereto as possible and shall then forthwith return to, and in every event shall remain at the scene of the accident until the requirements of Section 11-403 have been fulfilled. Every such stop shall be made without obstructing traffic more than is necessary.”

625 ILCS 5/11-401.

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).