Vehicle Collisions

Failure to reduce speed to avoid an accident - 625 ILCS 5/11-601

If you are driving too fast for road conditions, including whether there is traffic, bad weather, or construction, and there is an accident, you may be charged with a failure to reduce speed citation. Notably, all drivers have a duty to reduce speed to avoid collisions, even if that speed is below the posted speed limit.
If there is a car accident, a driver (or all drivers) may be charged with failure to reduce speed to avoid an accident, inferring the charged driver is at fault. When a failure to reduce speed results in personal injury, this charge can result in punitive fines of up to $1,000.
Fighting a failure to reduce speed to avoid an accident is important, as a conviction will result in a judgement against your person, which may cause your insurance rates to increase and expose you to civil liability.

Hit and Run Statutes:

Leaving the Scene of an Accident Resulting in Property Damage - 625 ILCS 5/11-402
- This misdemeanor is charged when you are involved in an accident resulting in damage to another vehicle that is either occupied or unoccupied, or causes general property damage. The law requires you to immediately stop, remain at the scene, and exchange information.
- The prosecutors must prove that you knew or reasonably should have known that you were involved in a property damage accident and intentionally drove away without fulfilling your legal duty to stop and exchange information.
- We may argue that the collision was so minor that you had no knowledge an accident had occurred. This is especially effective in heavy traffic, if loud music was playing, or if you were driving a large vehicle where minor contact would not be easily felt. Successfully defending this charge means avoiding a criminal misdemeanor on your record and preventing the suspension of your driving privileges.

Leaving the Scene of an Accident Resulting in Personal Injury or Death - 625 ILCS 5/11-401

This is one of the most serious traffic offenses in Illinois. This is charged if you are involved in a motor vehicle crash resulting in personal injury or death and fail to comply with legal requirements. This can be charged up to a Class 1 felony depending on the circumstances.
The prosecution must show that you knew or reasonably should have known they were involved in an accident that caused injury or death. The prosecution typically relies on the severity of the damage, eyewitness testimony and any statements to witnesses, including law enforcement officers, that you may have made.
We successfully challenge a leaving the scene of an accident resulting in personal injury or death by questioning the intent to leave the scene or even that you knew the accident occurred. If you are charged with a felony offense involving injury or death, you may face a prison sentence of up to 15 years.

Failure to Notify Police of Accident - 625 ILCS 5/11-404

This charge applies if you cause damage to property and fail to locate and notify the owner of the property. This may also be charged for failure to leave a secured written notice with your information, or delayed notification to the nearest police department.
The prosecutor must prove intentionally failure to comply with the post-accident duties as well as identifying you as the driver. Eyewitness or surveillance footage evidence may establish the driver’s identity and prove you were operating the vehicle at the time of the accident.
We can argue that the damage was so minor that you were unaware of the collision or damage. We also may challenge the evidence used for identification, especially in cases reliant on unclear surveillance footage.