Hit-and-run accidents occur when someone is involved in an auto accident and drives off without helping or telling anyone. With Make Roads Safe reporting that 37% of all Illinois traffic accidents occur in Chicago, it’s no surprise that there’s also a massive number of hit-and-runs in the Windy City.
Unfortunately, hit and runs are surprisingly common. According to AutoInsurance.com, there were almost four million hit-and-runs nationwide between 2015 and 2019. Understand that in all circumstances, it’s a crime if you get caught, and it could even lead to jail time, depending on the severity of the accident.
If you’ve been injured in a hit-and-run, speaking with a Chicago car accident lawyer can help you understand your legal options and pursue compensation for damages.
In this guide, we’ll discuss everything you must know about hit-and-run incidents and what to do if someone hits you and drives off.
Key Takeaways
The legal definition of a hit-and-run accident is if a driver is involved in an accident and drives away without stopping, offering to help, or providing their personal details.
Hit-and-run victims have the right to file a Chicago police report and claim under their own uninsured motorist coverage.
Hit-and-run incidents are rising nationwide, with fatal hit-and-run accidents increasing by 89% in the last ten years.
Your ability to claim compensation depends on whether or not the driver is identified. If the driver can be identified, you can file a claim against them through their insurance company or file a personal injury lawsuit.
Evidence, including surveillance footage, eyewitness testimonies, and police reports, can be used to prove a Chicago hit-and-run accident.
Punishments for being found guilty of a hit-and-run include license suspension, fines, criminal records, and felony convictions resulting in mandatory prison time.
Speak to a car accident attorney if you were the victim of a hit-and-run accident to investigate your claim and assess your options for claiming compensation for your losses.
What is the Definition of a Hit & Run Accident?
The most common definition of a hit-and-run car accident is when someone is involved in an auto accident and drives off. However, you could be charged with a hit and run if you don’t stop, exchange details, or offer to help if someone has been injured.
A Chicago hit-and-run incident involves a driver leaving the scene and not doing one of these five things:
Stopping – Legally, if you’re involved in any type of accident, including if it’s a single-vehicle accident where the only victim is property, you’re required to stop. You cannot just drive off.
Checking – You’re obligated to check if anyone is hurt. This means stopping and seeing if everyone involved in a crash is okay. If someone needs medical attention, you must do your best to help obtain medical attention.
Name and Address – All drivers must exchange their name and address, including with the attending police officer. If you refuse to provide these details, you are committing a hit-and-run, even if you stopped and got out of your vehicle.
Driver’s License – All drivers must show their license to prove who they are and demonstrate they’re legally allowed to be behind the wheel.
Offering Help—Drivers must also offer help if someone has been hurt. That could include calling 911 and asking for an ambulance if they have a cell phone or helping to get someone to safety.
Note that these five points apply to every kind of accident, whether you’re dealing with cars, trucks, motorcycles, pedestrians, bikes, or property. If you leave the scene and avoid taking responsibility, you’re committing a criminal offense.
What are Your Legal Rights After a Hit-and-Run Accident in Chicago?
All accident victims in a hit-and-run accident in Chicago have rights to file police reports, to claim through their own insurance company, and to work with the police to identify the driver who left the scene. If you can identify the suspect, you also have the right to sue them.
Above all, you have the right to hire a personal injury lawyer to assist you in identifying the at-fault party and work with the police and your insurance company. Naturally, there are challenges in dealing with hit-and-run drivers.
The challenge is identifying the at-fault party. Sadly, drivers struggle with this. The Star Tribune reports that just 10% of hit-and-run drivers are caught, and even fewer face criminal charges. Without evidence, it can be extremely difficult to track down the driver once they’ve left the scene.
Your legal options typically depend on what the outcome of the search is, which can be summed up as:
If the Driver is Found – You can make a claim with their insurance provider and potentially file a personal injury lawsuit to obtain a settlement that reflects your losses.
If the Driver isn’t Found – You may claim with your insurance provider under your uninsured motorist coverage. All drivers in Illinois must carry this coverage, which also extends if you’re the victim of a hit-and-run.
Note that the statute of limitations applies. You’ve got two years from your accident to file a claim, so enlisting a Chicago personal injury lawyer as soon as possible is the wisest course of action.
What Statistics Should You Know About Hit-and-Run Accidents [UPDATED for 2024]?
Hit-and-run accidents are becoming a more significant problem, according to the stats. NBC Chicago reported that of the 439,688 car crashes between 2017 and 2021, 130,536 accidents were hit-and-runs.
Statistics from Illinois and the broader United States paint a bleak picture of the state of hit-and-run incidents. Let’s run through some of the most interesting stats to get an idea of how enormous the problem is:
According to ValuePenguin, they reported that in the last ten years, fatal hit-and-run incidents have spiked by 89%.
The National Highway Traffic Safety Administration (NHTSA) warned that serious hit-and-run incidents may be increasing, with 2,932 fatalities linked to hit-and-runs in 2022, a year-on-year increase of 0.5%.
Approximately 55% of all pedestrian deaths in car accidents in 2023 resulted from hit-and-run accidents, per the City of Chicago.
NBC 5 Chicago reported that in 2021, the latest year for the state’s statistics, there were an average of 100 hit-and-run crashes daily.
It’s clear that hit-and-run accidents are increasing and that they make up a significant proportion of accidents both in Illinois and in the U.S. as a whole. It also doesn’t help that relatively few people are actually caught and prosecuted, meaning more drivers are taking their chances to avoid taking responsibility.
What are Your Odds of Being in a Hit and Run Accident?
Hit-and-run accidents are not enormously common in percentage terms, and few drivers will experience them. AutoInsurance.com’s research into the state of hit-and-runs in the U.S. found that only 2% of all drivers experienced them in 2019.
In contrast, your chances of dying in a car crash are just 0.9%, based on states from LookupAPlate. On the other hand, your probability of getting into an accident generally is one in 366 for every 1,000 miles driven, or about 0.27%.
So, you have a higher chance of being struck by a hit-and-run driver, but the odds of any of these three things happening remain chronically low.
What Causes People to Hit and Run?
What causes people to hit and run varies, but it’s usually based on fear. Reasons vary from the driver being an illegal immigrant facing deportation to people driving under the influence who don’t want to be prosecuted. Likewise, many drivers simply see the statistics and believe they have little chance of being caught.
Here’s a rundown of some of the reasons drivers may flee from an accident they caused:
The driver knows the accident was their fault.
The driver is operating a stolen vehicle.
The driver has an outstanding warrant for their arrest.
The driver is under the influence of drugs or alcohol.
The driver doesn’t have a valid driver’s license.
The driver is an illegal immigrant.
The driver may be uninsured.
Plus, there’s no denying the fact that even if none of these things are true, the fact is most hit-and-run drivers do get away with it. Although drivers may stop in Downtown Chicago, they may figure that if they’re on a rural road with no witnesses or surveillance cameras, they can drive away without facing the consequences of their actions.
What to Do After a Hit-and-Run in Chicago?
After a hit-and-run in Chicago, call the police immediately to report the accident. Check on everyone to ensure that nobody is hurt, and do your best to remember the details of the other vehicle. Likewise, search for any witnesses and ask them what they saw. Request their contact information to support the investigation later.
What you remember in this scenario will be crucial to identifying the at-fault driver. Try to record the following:
Vehicle color
Make
Model
License plate number
If possible, focus on the license plate number, as this can make it relatively easy to track down the driver if it’s legally registered or insured. However, remember that the vehicle may also have been stolen.
Beyond trying to identify the driver, here’s what else you should do at the scene of the accident:
Do your best to stay calm.
Wait for a police officer to arrive and fill out a report.
Take photos and videos from the accident scene, including any visible injuries and damage to your vehicle.
Seek medical attention after your accident because many common injuries, such as concussions, may take a few hours to appear.
Talk to your insurance company about the accident. You’ve usually got 24-72 hours to report an accident, depending on your insurer.
And don’t forget to monitor your symptoms over the next few days. If you notice anything odd, get to the nearest emergency room immediately. All symptoms should be taken seriously as they could indicate a serious injury.
What are Your Options if a Hit-and-Run Driver is Not Found?
Failing to identify a hit-and-run driver in Illinois means you must file a claim with your own auto insurance firm. How much you could be entitled to depends on the type of coverage you have and its limits. However, if you only have the minimum amount of liability coverage required by state law, you’re unlikely to be adequately covered for your losses.
Three types of Illinois car insurance exist to support hit-and-run victims:
Uninsured Motorist Coverage – Uninsured motorist coverage doesn’t just protect you against being hit by uninsured drivers and if you’re involved in a hit-and-run accident.
Collision Coverage – Collision coverage can be used to repair your vehicle, regardless of who was at fault.
MedPay – MedPay coverage will pay for your injuries and those of any passengers, even if the driver couldn’t be found, regardless of who was at fault.
Sadly, although your auto insurance coverage may provide some restitution, not identifying the driver means you’re unlikely to be fully compensated for your economic and non-economic losses.
Illinois Crime Victims Compensation Program
If the driver cannot be found and you’re not properly compensated for your injuries, you may be eligible for the Illinois Crime Victims Compensation Program. If accepted, you could be provided up to $27,000 for your losses.
The $27,000 could be used for:
Hospital stays
Dental costs
Mental health treatment
Lost wages (up to $2,400 monthly)
Funeral and burial costs
Eligible parties must either be the victim or a spouse, parent, or child of the victim. Furthermore, witnesses who saw someone killed or injured in hit-and-runs are also eligible for the program.
You must have evidence that you reported the crime to the police within 72 hours and that you’ve applied for entry into the program within five years of the incident.
Proving a Hit-and-Run Accident in Chicago: Steps and Evidence Needed
Proving that a driver fled the scene without complying with their legal responsibilities requires evidence to prove this, including security camera footage and eyewitness testimonies. Gathering evidence will be critical for identifying the driver and bringing them to justice in front of a judge.
The first step is to call the police and complete an accident report. Reporting the crime is crucial for notifying the authorities that there’s a hit-and-run driver on the loose. Once you’ve done this, you can start gathering evidence.
Here’s a selection of the types of evidence that can be used to prove a hit-and-run:
Physical Evidence
Physical evidence is anything tangible that might be found at the scene. It could be pieces of a vehicle, paint chips, or broken glass. All these things can be used to figure out the driver's identity.
Examples include:
Side mirrors
Bumpers
Skid marks
Surveillance footage
Dashcam footage
Eyewitness Testimony
Statements from anyone who saw the accident can be crucial. However, beware that eyewitnesses aren’t required to cooperate or give their contact details without being subpoenaed to give evidence.
Generally, the best thing you can do at the scene is to gather contact details and let a car accident lawyer and/or the police go through the business of interviewing them.
License Plate Recognition
License plates are the most vital piece of evidence because each plate has a unique identifier tied to the vehicle’s registered owner. With the license plate, tracking the driver down becomes infinitely simpler.
Of course, if you can’t catch the license plate, catching other unique identifiers could help. For example, perhaps the vehicle had a bumper sticker, modifications, or dents in specific locations.
Can Surveillance Footage Be Used as Evidence in Hit-and-Run Claims?
Surveillance footage is among the most essential pieces of evidence in hit-and-run claims. Traffic and security cameras from nearby businesses can be used to prove hit-and-run incidents. Dashcam footage may also demonstrate to a court that a driver committed a hit-and-run.
However, the value of said footage depends on the type of hit-and-run. If a driver smashed into you and drove off without stopping, this camera footage proves undoubtedly that you were involved in a hit and run.
On the other hand, if the issue revolves around a driver not providing their license details, a camera wouldn’t prove this. Likewise, if the car was reported as stolen, there may not be sufficient detail to prove who was behind the wheel.
How Does the Claims Process Work After a Hit and Run?
After a hit and run, the claims process usually follows the sequence of reporting the accident, insurance adjusters reviewing the accident, consulting your own coverage, and filing a claim against the other driver.
Here’s how that works in detail:
Accident Report – Never avoid reporting the accident to the police. The officer will fill out a report. You should then report the accident to your personal injury lawyer and your insurance company to initiate the process of recovering damages.
Insurance Adjuster Review – An insurance adjuster will examine the accident, including the damage to your car. You may also be asked questions about the accident. Never provide any statements without first dealing with a lawyer.
Consulting Your Coverage – The next step is to examine your coverage. For example, do you have uninsured motorist coverage and MedPay? If the driver is found, you can claim through their insurer, assuming they had coverage.
Filing a Claim Against the Other Driver – If the driver is found and doesn’t have insurance, you may be able to file a personal injury lawsuit against them. Assuming they have sufficient assets, you may be able to recover damages this way.
In all circumstances, you’ll be required to prove your losses through evidence. For example, you will have to provide copies of your medical expenses and paystubs to show the time you spent off work recovering from your injuries. Again, this is something your attorney can help you with.
What are the Differences Between Civil and Criminal Hit-and-Run Cases?
Civil and criminal hit-and-run cases differ in their priorities. The goal of a civil hit-and-run case is to recover compensation for accident victims. The goal of a criminal hit-and-run case is for law enforcement to apprehend the offender and punish them through the legal system.
Let’s sum up some of the other key differences:
Legal Actions – Civil cases are lawsuits filed by the victim, whereas criminal cases involve charges brought by the State of Illinois.
Burden of Proof – In a civil case, evidence shows that the accusation is likely to be truer than not. In contrast, criminal cases must prove that the incident occurred beyond reasonable doubt.
Penalties – Civil cases pay monetary damages to the victim, whereas criminal cases result in legal consequences, like license suspensions, fines, and criminal records.
Legal Representation – Parties in a civil case will be represented by personal injury attorneys, whereas those in criminal cases will be defended by a criminal defense attorney.
Note that just because a driver is identified and criminally prosecuted doesn’t mean that the victim can’t also file a civil case for damages. Civil cases are often preferred because the burden of proof is lower than that in a criminal case.
Does Insurance Cover a Hit-and-Run in Illinois?
Your auto insurance may provide coverage for a hit-and-run incident in Illinois, but only up to the limits of your coverage. If the driver is unidentified, you’ll have to rely on the limits of your uninsured motorist coverage, with collision coverage and MedPay add-ons also providing monetary compensation.
Uninsured drivers or drivers with minimum liability coverage won’t be covered by their insurance firm, which is why taking out full coverage is so vital for your financial security.
What is the Punishment for a Hit-and-Run in Illinois?
The Illinois legal code has strict penalties for hit-and-run incidents. The penalties a hit-and-run driver faces depend on the severity of the accident. If someone was injured, hit-and-run drivers face far greater penalties than if nobody was hurt. Jail time and criminal records are included in all hit-and-run incidents.
Generally, the penalties are thus:
No Injuries – Class A misdemeanor, with the potential for a $2,500 fine and up to one year in jail.
Injuries Present – Class 4 felony, with penalties including a $25,000 fine and up to a year in prison.
Death – Class 3 felony, with up to five years in jail and a $25,000 fine.
In all circumstances, the guilty party will have a criminal record, and they’re liable to have their driver’s license suspended for a substantial period. They may even see their license canceled and be forced to comply with SR-22 requirements if they want to drive again in the future.
Hit and Run Chicago FAQs
What city has the most hit-and-run victims?
Patch reports that Fresno, California, is the most dangerous city in the country for hit-and-run accidents. Approximately 14.55% of all fatal traffic accidents in Fresno involved a hit-and-run driver.
Does a hit-and-run crash include collisions with animals?
Hit-and-run collisions with animals must also be reported. Under Illinois law, if an accident with an animal creates a dangerous situation for other drivers, they must report the accident to law enforcement. Likewise, if you hit a pet or farm animal, this would count as personal property, meaning it counts as a hit-and-run if you don’t report the accident.
Can I chase the other driver if a hit-and-run occurs?
Never chase another driver if they’re attempting to flee the scene. You could be breaking traffic laws yourself, and you may put yourself and bystanders at risk. Chasing another driver potentially risks your life and is illegal. Instead, stay calm, stop, and let the police handle it.
