Illinois Hit and Run Laws: Penalties and What to Do
Last verified: January 2026. This guide reflects current Illinois law under 625 ILCS 5/11-401 through 11-403.
Quick Summary: Illinois Hit and Run Laws
- Property damage only: Class A misdemeanor, up to 1 year in jail, $2,500 fine
- Injury involved: Class 4 felony, up to 3 years in prison, $25,000 fine
- Failure to report (injury): Class 2 felony, up to 7 years in prison
- Failure to report (death): Class 1 felony, up to 15 years in prison
- Reporting deadline: 30 minutes for injury/death accidents; 10 days for property damage
- License consequence: Mandatory revocation upon conviction
Penalties for Hit and Run in Illinois
Under 625 ILCS 5/11-401, Illinois imposes significant penalties for leaving the scene of an accident. The severity depends on whether the crash caused property damage, injury, or death.
Criminal Penalties by Offense Level
| Offense Type | Classification | Maximum Penalty |
|---|---|---|
| Property damage only | Class A Misdemeanor | Up to 1 year jail, $2,500 fine |
| Leaving scene (injury/death) | Class 4 Felony | 1 to 3 years prison, $25,000 fine |
| Failure to report (injury) | Class 2 Felony | 3 to 7 years prison |
| Failure to report (death) | Class 1 Felony | 4 to 15 years prison |
| Refusing chemical test (death) | Class 1 Felony | 4 to 15 years prison |
Important: Under Section 11-401(e), the Secretary of State must revoke your driving privileges upon conviction for any hit and run offense.
Your Legal Duties After an Accident in Illinois
Section 11-403 of the Illinois Vehicle Code requires all drivers involved in an accident to:
- Stop immediately at the scene or as close as possible without blocking traffic more than necessary
- Provide information including your name, address, vehicle registration number, and driver's license to the other party or law enforcement
- Render reasonable assistance to anyone injured, including arranging transportation to a medical facility if needed
- Remain at the scene until all legal requirements are fulfilled
- Report the accident within the required time frame
Hit and Run Involving Property Damage
If an accident results only in property damage (including striking a parked vehicle), leaving without fulfilling your duties is a Class A misdemeanor under 625 ILCS 5/11-402.
Striking an Unattended Vehicle
If you hit a parked car and cannot locate the owner, Illinois law requires you to:
- Leave a written note in a conspicuous location on the vehicle
- Include your name, address, and contact information
- Report the accident to police if damage exceeds $1,500
Hit and Run Involving Injury or Death
Under Section 11-401, if an accident results in personal injury or death, you must:
- Stop immediately at the scene
- Report within 30 minutes if you leave for any reason
- Submit to chemical testing if arrested (refusal is a separate felony)
According to the statute: "Any person arrested for violating this Section is subject to chemical testing of his or her blood, breath, other bodily substance, or urine for the presence of alcohol, other drug or drugs, intoxicating compound or compounds."
625 ILCS 5/11-401(b-1)
Note: The law provides that reports made under the 30-minute requirement cannot be used as the basis for prosecution. However, this protection does not extend to evidence obtained through other means.
Illinois Crash Statistics
According to the Insurance Institute for Highway Safety (IIHS) data from 2023:
- Total traffic fatalities: 1,241 deaths
- Death rate: 9.9 per 100,000 population
- Death rate per miles traveled: 1.21 per 100 million vehicle miles
- Vehicle miles traveled: 102.9 billion miles
Breakdown by crash type in Illinois (2023):
- Single-vehicle crashes: 600 deaths (48%)
- Multiple-vehicle crashes: 641 deaths (52%)
- Pedestrian fatalities: 199 (16%)
- Motorcyclist fatalities: 172 (14%)
Possible Defenses to Hit and Run Charges
If charged with leaving the scene, potential defenses may include:
- Lack of knowledge: You did not know an accident occurred
- Safety concerns: You left to protect yourself from immediate physical danger
- Medical emergency: You were incapacitated and unable to stop
- Not the driver: Someone else was operating your vehicle
- Compliance: You actually fulfilled all legal requirements
Prosecutors must prove beyond a reasonable doubt that you (1) drove the vehicle, (2) were involved in a collision, and (3) knowingly left without fulfilling your legal duties.
More Illinois Laws
Sources and References
- Illinois State Legislature(state legislature).gov