Car accidents are terrifying and traumatic for all involved, especially when they result in serious injuries. The immediate aftermath of a car accident is always a frightening experience but it’s even more upsetting when another driver causes the crash and then flees the scene of the accident, leaving injured victims in danger and distress. In Illinois, the law requires involved drivers to remain at the scene of an accident until cleared by law enforcement to leave or when taken to the hospital in an ambulance.
Fleeing the scene of an accident in Illinois is a criminal offense. It also leaves injury victims wondering how to recover compensation for their damages like medical expenses, lost wages, and pain and suffering.
There are many reasons for at-fault drivers to leave the scene of the accident, but it’s never acceptable or legal to hit and run in Chicago. Violating this law results in criminal charges upon identification. Apprehended hit-and-run drivers most often report leaving the scene for one or more of the following reasons:
Leaving the scene of an accident in Illinois has serious consequences, including fines, jail time, and license suspension or revocation.
After an accident with severe injuries, you may be unable to take any purposeful action and rely on others for help, but if you or an uninjured person can use a cell phone, it’s possible to take steps to protect yourself, even when the other driver leaves the scene. Use a cell phone to do the following:
Our Chicago injury attorneys always insist on going directly to a hospital after an accident and ask for a thorough examination to treat and document obvious injuries and those that sometimes have delayed symptom onset. Always report the accident to your insurance company as soon as possible and inform them that the other driver left the scene.
Fortunately, Illinois is one of a handful of states that require drivers to carry uninsured motorist coverage as part of their minimum insurance policy. In many cases, the police identify and apprehend hit-and-run drivers. If this is the case—and they have valid auto insurance—an injury victim can recover compensation for their property damage, medical expenses, and lost wages by filing a claim against their insurance. Punitive damages may also be available if the at-fault driver’s actions leading up to the accident were extremely reckless. In some cases, an injury victim may file a personal injury lawsuit against the hit-and-run driver, but this is only an option if the at-fault driver has sufficient financial resources available.
If the driver isn’t apprehended or lacks insurance, a hit-and-run accident victim may file a claim against their own uninsured motorist policy to recover compensation for their damages.
All accident claims in comparative negligence insurance states like Illinois require injury victims to file claims against the at-fault driver to recover compensation. This quickly becomes complex after a hit-and-run accident. Contact the experienced Chicago car accident attorneys at Smith LaCien LLP for skilled legal representation in this specialized area of injury law.
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