Chicago Injury Lawyer Blog
Hit and run accidents are a troubling and unfortunately common occurrence in Chicago’s busy streets. A hit and run crash happens when a driver involved in a collision leaves the scene without stopping to provide contact information, rendering aid, or reporting the incident to law enforcement. Illinois law strictly prohibits leaving the scene of an accident, and doing so can carry both criminal penalties and civil liability. In 2021, Illinois saw a significant increase in fatal hit and run crashes, with 117 reported incidents statewide, nearly 48 percent occurring in Chicago alone, a clear indication of the disproportionate impact on the city’s roadways. Hit and runs often leave victims feeling shocked, vulnerable, and unsure where to turn next, especially when injuries, medical bills, and property damage are involved. The actions a victim takes immediately after the incident can deeply affect their health outcomes, insurance coverage, and ability to recover compensation.
“After a hit and run accident, acting quickly and methodically isn’t just about insurance, it’s about protecting your health, your rights, and your financial future. Comprehensive evidence and strong legal support can make all the difference.” — John J. Malm, Chicago injury lawyer
Understanding Hit and Run Crashes in Chicago
Hit and run accidents occur in a variety of contexts, from vehicle-to-vehicle collisions on busy thoroughfares like Lake Shore Drive and the Kennedy Expressway to pedestrian and bicycle crashes in residential neighborhoods. According to IDOT crash data, hit and run deaths statewide nearly doubled over the past decade, and Chicago consistently accounts for a large share of these fatal crashes. Victims of hit and runs often face significant hurdles because the at-fault driver is unknown, uninsured, or unidentifiable. In these situations, it is critical to act quickly and strategically to strengthen your insurance claim and any future legal case.
Step-by-Step: What to Do Immediately After a Hit and Run
Check for Injuries and Call 911
The first priority after any crash is health and safety. If you or anyone else involved is injured, call 911 immediately and request emergency medical assistance. Even if injuries seem minor, some serious conditions, such as internal bleeding or traumatic brain injury, may not be apparent right away. Prompt medical evaluation not only protects your health but also creates early documentation of injuries linked to the accident, which can be critical for insurance and legal claims.
Stay at the Scene and Stay Safe
Unless you must move for safety reasons or medical aid, remain at the crash scene after the hit and run. Do not chase the fleeing driver; pursuing the other vehicle can be dangerous and may complicate legal issues later. Instead, focus on documenting the scene and gathering as many details as possible for law enforcement and your insurance company.
Gather and Preserve Evidence
Evidence collection is essential in hit and run cases because the at-fault driver is not present to provide information. If you safely can, take photos and videos of:
- Vehicle damage from multiple angles
- Injuries you sustained
- The overall accident scene, including debris, skid marks, and road conditions
- Nearby intersections, traffic signals, and street signs
Also inspect the surrounding area for any surveillance cameras, traffic cameras, or nearby businesses that may have captured footage of the incident. Documenting the scene extensively will help law enforcement investigate the crash and will support your insurance claim if the responsible driver remains unidentified.
Look for Witnesses
Witness testimony can be extremely helpful. Ask nearby pedestrians or drivers if they saw the collision or the fleeing vehicle and get their contact information. Witnesses may recall details you missed, such as the make, model, or direction of travel of the errant vehicle.
Report the Crash to Police
In Illinois, you are legally required to report any accident resulting in injury, death, or significant property damage to law enforcement. Filing a police report is not just a legal obligation; it is also foundational to future insurance and legal claims. When reporting a hit and run, provide as much detail as possible about the other driver and the incident. The Chicago Police Department and other investigating agencies will use this information to try to identify the fleeing driver and your detailed report improves your chances of recovery.
Notify Your Insurance Company
Contact your insurance provider promptly to report the hit and run. Ask specifically about your Uninsured Motorist Coverage (UM) or Uninsured Motorist Bodily Injury (UMBI) coverage, which in Illinois is required by law and applies when the at-fault driver cannot be found or lacks insurance. This coverage can help pay for medical expenses, lost wages, and other losses resulting from the crash. Your insurer will want a copy of the police report and documentation of the accident to process your claim.
Seek Medical Treatment and Keep Records
Even if you do not feel severe pain immediately, seek medical attention as soon as possible. Some injuries manifest slowly or are initially dismissed due to adrenaline or shock. Documentation of physician visits, treatments, test results, and prescribed therapies will be essential evidence in your personal injury claim.
Legal Rights and Insurance Options After a Hit and Run
Uninsured Motorist Claims
When the hit and run driver is never identified, Illinois law allows victims to file a claim under their own uninsured motorist coverage. Because most drivers in Chicago are required to carry uninsured motorist coverage, this protection can be a critical avenue for compensation when the at-fault party remains unknown.
Uninsured motorist coverage can help cover:
- Medical bills and future medical care
- Lost wages
- Pain and suffering
- Rehabilitation or ongoing treatment
However, this coverage may not extend to repairs for your vehicle unless you also have collision coverage included in your policy.
Pursuing a Personal Injury Claim
If the hit and run driver is later identified, through video footage, witness testimony, or law enforcement investigation, you may have grounds to file a lawsuit against that individual to pursue compensation for your losses. Even if the driver is caught and charged criminally, you still need to pursue a separate civil claim to recover damages.
A personal injury claim may allow you to recover:
- Past and future medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress
An experienced Chicago personal injury attorney can help you identify applicable insurance coverage, gather evidence, and structure a case aimed at maximizing compensation.
Penalties for Hit and Run Drivers in Illinois
Illinois law treats hit and run offenses seriously to discourage drivers from fleeing after causing harm. Under the Illinois Vehicle Code (625 ILCS 5/11-401), a driver who leaves the scene of an accident can face criminal charges. Penalties vary based on the severity of the crash:
- Property damage only: Class A misdemeanor, up to 1 year in jail and fines
- Injury: Class 4 felony, up to 3 years in prison and fines up to $25,000
- Death: Class 2 felony, up to 14 years in prison and fines up to $25,000
These penalties underscore the importance of remaining at the scene and fulfilling legal obligations after a collision.
Frequently Asked Questions about Hit and Run Accidents in Chicago
Q: Do I have to call the police after a hit and run in Chicago?
A: Yes. Illinois law requires that any crash involving injury, death, or significant property damage be reported. A police report is also essential for insurance and legal claims.
Q: What if I don’t have uninsured motorist coverage?
A: Illinois mandates uninsured motorist coverage, but minimum limits vary. If you lack adequate coverage, you may have limited options for compensation unless the hit and run driver is identified.
Q: Can I still file a claim if the other driver isn’t caught?
A: Yes. You may file a claim under your uninsured motorist coverage. A personal injury attorney can help you explore all available avenues.
Q: How long do I have to make a claim after a hit and run?
A: In Illinois, the statute of limitations for personal injury claims is generally two years from the date of the accident. Waiting too long can jeopardize your legal rights.
Contact the 5-Star Rated Chicago Car Accident Attorneys at John J. Malm & Associates
Being the victim of a hit and run in Chicago can be overwhelming and frightening. The injuries, medical bills, lost time at work, and emotional stress can compound quickly, especially when the responsible driver flees and seems unreachable. However, there are concrete steps you can take to protect yourself legally and financially: seek medical care, report the crash, document the scene, gather evidence, notify your insurance provider, and pursue all available avenues for compensation.
You do not have to navigate this process alone. At John J. Malm & Associates, we understand the complexities of hit and run cases in Chicago and are committed to advocating fiercely for injured victims. Whether it’s working with law enforcement to track down a fleeing driver, maximizing uninsured motorist claims, or pursuing a personal injury lawsuit, our experienced team is here to help.
Contact our firm today for a free consultation and let us put our experience to work for you. Time limits apply, so don’t delay in protecting your rights and securing the justice and compensation you deserve.