Illinois Hit and Run Laws (2026 Guide)

Last verified: January 2026. This guide reflects current Illinois law under 625 ILCS 5/11-401 through 11-403.

📑 Table of Contents (click to expand)

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:

  1. Stop immediately at the scene or as close as possible without blocking traffic more than necessary
  2. Provide information including your name, address, vehicle registration number, and driver’s license to the other party or law enforcement
  3. Render reasonable assistance to anyone injured, including arranging transportation to a medical facility if needed
  4. Remain at the scene until all legal requirements are fulfilled
  5. 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.

Frequently Asked Questions

How long do I have to report an accident in Illinois?

For accidents involving injury or death, you must report within 30 minutes. For property damage accidents exceeding $1,500, you have 10 days to file a report with the Illinois Department of Transportation.

Is hit and run a felony in Illinois?

It depends on the circumstances. Property damage only is a misdemeanor. If the accident involves personal injury or death, leaving the scene is a Class 4 felony. Failure to report within required time frames can elevate charges to Class 2 or Class 1 felony.

What is the statute of limitations for hit and run in Illinois?

For misdemeanor hit and run, prosecution must begin within 18 months. For felony charges, the statute of limitations is typically 3 years, though this can be extended in certain circumstances.

Can I be charged if I was not at fault for the accident?

Yes. The duty to stop and render assistance applies to all drivers involved in an accident, regardless of who caused the crash. Fault for the accident is a separate issue from the criminal charge of leaving the scene.

What should I do if I am the victim of a hit and run?

Stay calm and do not chase the fleeing vehicle. Document as much as possible about the other vehicle (make, model, color, license plate, driver description). Contact police immediately. Gather witness information and take photos of the scene and your injuries.

Official Resources