(625 ILCS 5/Ch. 11 Art. IV heading) ARTICLE IV. ACCIDENTS
(625 ILCS 5/11‑401)(from Ch. 95 1/2, par. 11‑401) Sec. 11‑401. Motor vehicle accidents involving death or personal injuries. (a) The driver of any vehicle involved in a motor vehicle accident
resulting in personal injury to or death of any person shall immediately stop
such vehicle at the scene of such accident, or as close thereto as possible
and shall then forthwith return to, and in every event shall remain at the
scene of the accident until the requirements of Section 11‑403 have been
fulfilled. Every such stop shall be made without obstructing traffic more
than is necessary. (b) Any person who has failed to stop or to comply with the
requirements of paragraph (a) shall, as soon as possible but in no case
later than one‑half hour after such motor
vehicle accident, or, if hospitalized and incapacitated from reporting at any
time during such period, as soon as possible but in no case later than one‑half
hour
after
being discharged from the
hospital, report the place of the accident, the date, the approximate time,
the
driver's name and address, the registration number of the vehicle
driven, and the names of all other occupants of
such vehicle, at a police station or sheriff's office near the place where
such accident occurred. No report made as required under this paragraph shall be used,
directly or indirectly, as a basis for the prosecution of any
violation of paragraph (a). (b‑1) Any person arrested for violating this Section is subject to chemical testing of his or her blood, breath, or urine for the presence of alcohol, other drug or drugs, intoxicating compound or compounds, or any combination thereof, as provided in Section 11‑501.1, if the testing occurs within 12 hours of the time of the occurrence of the accident that led to his or her arrest. The person's driving privileges are subject to statutory summary suspension under Section 11‑501.1 if he or she fails or refuses to undergo the testing.
For purposes of this Section, personal injury shall mean any injury
requiring immediate professional treatment in a medical facility or
doctor's office. (c) Any person failing to comply with paragraph (a) shall be guilty of a Class 4 felony. (d) Any person failing to comply with paragraph (b) is
guilty
of
a Class 3 felony if the
motor vehicle accident does not result in the death of any person.
Any person failing to comply with paragraph (b)
when the accident results in the death of
any person is guilty of a Class 2
felony, for which the person, if
sentenced to a term of imprisonment, shall be sentenced to a term of not less
than 3 years and not more than 14 years. (e) The Secretary of State shall revoke the driving privilege of any person
convicted of a violation of this Section. (Source: P.A. 93‑684, eff. 1‑1‑05; 94‑115, eff. 1‑1‑06.)
(625 ILCS 5/11‑402)(from Ch. 95 1/2, par. 11‑402) Sec. 11‑402. Motor vehicle accident involving damage to vehicle. (a)
The driver of any vehicle involved in a motor vehicle accident
resulting only in damage to a vehicle which is driven or attended by any person shall
immediately stop such vehicle at the scene of such motor vehicle accident
or as close thereto as possible, but shall forthwith return to and in every event
shall remain at the scene of such motor vehicle accident until the
requirements of Section 11‑403 have been fulfilled. Every such stop
shall be made without obstructing traffic
more than is necessary. Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor. (b) Upon conviction of a violation of this Section, the court shall make
a finding as to whether the damage to a vehicle is in excess of $1,000,
and in such case a statement of this finding shall be reported to the Secretary
of State with the report of conviction as required by Section 6‑204 of this
Code. Upon receipt of such report of conviction and statement of finding
that the damage to a vehicle is in excess of $1,000, the Secretary of State
shall suspend the driver's license or any nonresident's driving privilege. (Source: P.A. 83‑831.)
(625 ILCS 5/11‑403)(from Ch. 95 1/2, par. 11‑403) Sec. 11‑403. Duty to give information and render aid. The driver of any vehicle involved in a motor vehicle accident
resulting in injury to or death of any person or damage to any vehicle which
is driven or attended by any person shall give the driver's
name, address, registration number and owner of the vehicle
the driver is operating and shall upon request and
if available exhibit such driver's license to the person struck
or the driver
or occupant of or person attending any vehicle collided with
and shall render to any person injured in such accident reasonable
assistance, including the carrying or the making of arrangements for the
carrying of such person to a physician, surgeon or hospital for medical
or surgical treatment, if it is apparent that such treatment is
necessary or if such carrying is requested by the injured person. If none of the persons entitled to information pursuant to this
Section is in condition to receive and understand such information and
no police officer is present, such driver after rendering reasonable
assistance shall forthwith report such motor vehicle accident at the
nearest office of a duly authorized police authority, disclosing the
information
required by this Section. Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor. (Source: P.A. 83‑831.)
(625 ILCS 5/11‑404)(from Ch. 95 1/2, par. 11‑404) Sec. 11‑404. Duty upon damaging unattended vehicle or other property. The driver of any vehicle which collides with or is involved in a motor
vehicle accident with any vehicle which is unattended, or other property,
resulting in any damage to such other vehicle or property shall
immediately stop and shall then and there either locate and notify the
operator or owner of such vehicle or other
property of the driver's name, address, registration
number and owner of the vehicle the driver was operating or shall
attach securely in a conspicuous place on or in the vehicle
or other property struck a written notice giving the driver's
name, address, registration number and owner of the
vehicle the driver was driving and shall without unnecessary
delay notify the nearest office of a duly authorized police authority and
shall make a written report of such accident when and as required in
Section 11‑406. Every such stop shall be made without
obstructing traffic more than is necessary. Any person failing to comply with this Section shall be guilty of a Class
A misdemeanor. (Source: P.A. 83‑831.)
(625 ILCS 5/11‑406)(from Ch. 95 1/2, par. 11‑406) Sec. 11‑406. Duty to report accident. (a) The driver of a vehicle that is in any manner involved in an
accident within this State, resulting in injury to or death of any
person, or in which damage to the property of any one person, including
himself, in excess of $500 is sustained, shall, as soon as possible but
not later than 10 days after the accident, forward a written report of
the accident to the Administrator. (b) Whenever a school bus is involved in an accident in this State,
caused by a collision, a sudden stop or otherwise, resulting in any
property damage, personal injury or death and whenever an accident
occurs within 50 feet of a school bus in this State resulting in
personal injury to or the death of any person while awaiting or
preparing to board the bus or immediately after exiting the bus, the
driver shall as soon as possible but not later than 10 days after the
accident, forward a written report to the Department of Transportation.
If a report is also required under Subsection (a) of this Section, that
report and the report required by this Subsection shall be submitted on
a single form. (c) The Administrator may require any driver, occupant or owner of a
vehicle involved in an accident of which report must be made as provided
in this Section or Section 11‑410 of this Chapter to file supplemental
reports whenever the original report is insufficient in the opinion of
the Secretary of State or the Administrator, and may require witnesses
of the accident to submit written reports to the Administrator. The
report may include photographs, charts, sketches, and graphs. (d) Should the Administrator learn through other reports of
accidents required by law of the occurrence of an accident reportable
under this Article and the driver, owner, or witness has not reported as
required under Subsections (a), (b) or (c) of this Section or Section
11‑410, within the time specified, the person is not relieved of the
responsibility and the Administrator shall notify the person by first
class mail directed to his last known address of his legal obligation.
However, the notification is not a condition precedent to impose the
penalty for failure to report as provided in Subsection (e). (e) The Secretary of State shall suspend the driver's license or any
non‑resident's driving privilege of any person who fails or neglects to
make report of a traffic accident as required or as required by
any other law of this State. (Source: P.A. 87‑829.)
(625 ILCS 5/11‑407)(from Ch. 95 1/2, par. 11‑407) Sec. 11‑407. Immediate notice of accident. (a) The driver of a vehicle which is in any manner involved in an
accident described in Section 11‑406 of this Chapter shall, if no police
officer is present, give notice of the accident by the fastest available
means of communication to the local police department if such accident
occurs within a municipality or otherwise to the nearest office of the
county sheriff or nearest headquarters of the Illinois State Police. (b) Whenever the driver of a vehicle is physically incapable of giving
immediate notice of an accident as required in Subsection (a) and there was
another occupant in the vehicle at the time of the accident capable of
doing so, that occupant must give notice as required in Subsection (a). (Source: P.A. 76‑2163.)
(625 ILCS 5/11‑408)(from Ch. 95 1/2, par. 11‑408) Sec. 11‑408. Police to report motor vehicle accident investigations. (a) Every law enforcement officer who investigates a motor vehicle accident
for which a report is required by this Article or who prepares a written
report as a result of an investigation either at the time and scene of such
motor vehicle accident or thereafter by interviewing participants or
witnesses shall forward a written report of such motor vehicle accident
to the Administrator on forms provided by the Administrator under Section
11‑411 within 10 days after investigation of the motor
vehicle accident, or within such other time as is prescribed by the
Administrator.
Such written reports required to be forwarded by law enforcement officers
and the information
contained therein are privileged as to the Secretary of State and the
Department
and, in the case of second division vehicles operated under certificate of
convenience and necessity issued by the Illinois Commerce Commission, to
the Commission, but shall not be held confidential by the reporting law
enforcement officer or agency. The Secretary of State may also disclose
notations of accident involvement maintained on individual driving records.
However, the Administrator or the
Secretary of State may require a supplemental written report from the
reporting law enforcement officer and such supplemental report shall be
for the privileged use of the Secretary of State and the Department and
shall be held confidential. (b) The Department at its discretion may require a supplemental written
report from the reporting law enforcement officer on a form supplied by the
Department to be submitted directly to the Department. Such supplemental
report may be used only for accident studies and statistical or analytical
purposes, and shall be for the privileged use of the Department and shall
be held confidential. (c) The Department at its discretion may also provide for in‑depth
investigations of a motor vehicle accident by individuals or
special investigation groups, including but not limited to police officers,
photographers,
engineers, doctors, mechanics, and as a result of the investigation may
require the submission of written reports, photographs, charts, sketches,
graphs, or a combination of all. Such individual written reports,
photographs, charts, sketches, or graphs may be used only for accident
studies and statistical or analytical purposes, shall be for the privileged
use of the Department and held confidential, and shall not be used in any
trial, civil or criminal. (d) On and after July 1, 1997, law enforcement officers who have reason to
suspect that the motor
vehicle accident was the result of a driver's loss of consciousness due to a
medical condition, as defined by the Driver's License Medical Review Law of
1992, or the result of any medical condition that impaired the
driver's ability to safely operate a motor vehicle shall notify the Secretary
of
this determination. The Secretary, in conjunction with the Driver's License
Medical Advisory Board, shall determine by administrative rule the temporary
conditions not required to be reported under the provisions of this Section.
The
Secretary shall, in conjunction with the Illinois State Police and
representatives of local and county law enforcement agencies, promulgate any
rules necessary and develop the procedures and documents that may be required
to
obtain written, electronic, or other agreed upon methods of notification to
implement the provisions of this Section. (e) Law enforcement officers reporting under the provisions of subsection
(d) of this Section shall enjoy the same immunities granted members of the
Driver's License Medical Advisory Board under Section 6‑910 of this Code. (f) All information furnished to the Secretary under subsection (d) of this
Section shall be deemed confidential and for the privileged use of the
Secretary in accordance with the provisions of subsection (j) of Section 2‑123
of this Code. (Source: P.A. 89‑503, eff. 7‑1‑96; 89‑584, eff. 7‑31‑96; 90‑14, eff.
7‑1‑97.)
(625 ILCS 5/11‑409)(from Ch. 95 1/2, par. 11‑409) Sec. 11‑409. False motor vehicle accident reports or notices. Any
person who provides information in an oral or written report required by
this Code with knowledge or reason to believe that such
information is false shall be guilty of a Class C misdemeanor. (Source: P.A. 83‑831.)
(625 ILCS 5/11‑410)(from Ch. 95 1/2, par. 11‑410) Sec. 11‑410. When driver fails to report a motor vehicle accident. Whenever the driver of a vehicle is physically incapable of making a required
written accident report and if there was another occupant in the vehicle
at the time of the motor vehicle accident capable of making a written
report, such occupant shall make or cause to be made such written report.
If said driver fails for any reason to make such report, the owner of the
vehicle involved in such motor vehicle accident, shall, as soon as
practicable, make said report to the Administrator. (Source: P.A. 83‑831.)
(625 ILCS 5/11‑411)(from Ch. 95 1/2, par. 11‑411) Sec. 11‑411. Accident report forms. (a) The Administrator must prepare and upon request supply to police
departments, sheriffs and other appropriate agencies or individuals, forms
for written accident reports as required hereunder, suitable with respect
to the persons required to make such reports and the purposes to be served.
The written reports must call for sufficiently detailed information to
disclose with reference to a vehicle accident the cause, conditions then
existing, and the persons and vehicles involved or any other data
concerning such accident that may be required for a complete analysis of
all related circumstances and events leading to the accident or subsequent
to the occurrence. (b) Every accident report required to be made in writing must be made on
an appropriate form approved or provided by the Administrator and must
contain all the information required therein unless that information is not
available. (c) Should special accident studies be required by the Administrator,
the Administrator may provide the supplemental forms for the special
studies. (Source: P. A. 78‑255.)
(625 ILCS 5/11‑412)(from Ch. 95 1/2, par. 11‑412) Sec. 11‑412. Motor vehicle accident reports confidential. All required
written motor vehicle accident reports and supplemental reports shall
be without prejudice to the individual so reporting and shall be for the
confidential use of the Department and the Secretary of State and, in the
case of second division vehicles operated under certificate of convenience
and necessity issued by the Illinois Commerce Commission, of the Commission,
except that the Administrator or the Secretary of State or the Commission may
disclose the identity of a person involved in a motor vehicle accident
when such identity is not otherwise known or when such person denies his
presence at such motor vehicle accident and the Department shall disclose
the identity of the insurance carrier, if any, upon demand. The Secretary of
State may also disclose notations of accident involvement maintained on
individual driving records. The Department
may furnish copies of its written accident reports to federal and State
agencies that are engaged in highway safety research and studies. Reports
furnished to any agency other than the Secretary of State or the Illinois
Commerce Commission may be used only for statistical or analytical purposes
and shall be held confidential by that agency.
No such written report shall be used as evidence in any trial, civil
or criminal, arising out of a motor vehicle accident, except
that the Administrator shall furnish upon demand of any person who has,
or claims to have, made such a written report, or upon demand of any
court, a certificate showing that a specified written accident report
has or has not been made to the Administrator solely to prove a compliance
or a failure to comply with the requirement that such a written report
be made to the Administrator. The Department of Transportation at its discretion may provide for
in‑depth investigations of accidents involving Department employees. A
written report describing the preventability of such an accident may be
prepared to enhance the safety of Department employees. Such reports and
any opinions expressed in the review of the accident as to the
preventability of the accident shall be for the privileged use of the
Department and held confidential and shall not be obtainable or used in any
civil or criminal proceeding. (Source: P.A. 89‑503, eff. 7‑1‑96.)
(625 ILCS 5/11‑413)(from Ch. 95 1/2, par. 11‑413) Sec. 11‑413. Coroners to report. All coroners shall
on or before the 10th day of each month report in writing to the Administrator
the death of any person within their respective jurisdiction,
during the preceding calendar month, as the result of a traffic accident giving the
time and place of the accident and the circumstances relating thereto. (Source: P.A. 83‑831.)
(625 ILCS 5/11‑414)(from Ch. 95 1/2, par. 11‑414) Sec. 11‑414. Department to tabulate and analyze motor vehicle accident
reports. The Department shall tabulate and may analyze all written motor
vehicle accident reports received in compliance with this Code
and shall publish annually or at more frequent intervals statistical information
based thereon as to the number and circumstances of traffic accidents. The Department: 1. shall submit a report of school bus accidents and accidents resulting
in personal injury to or the death of any person within 50 feet of a school
bus while awaiting or preparing to board the bus or immediately after exiting
the bus to the National Highway Safety Advisory Committee annually or as
requested by the Committee; 2. shall compile, maintain, and make available to the public
statistical information relating to traffic accidents involving medical
transport vehicles; 3. may conduct special investigations of motor vehicle
accidents and may solicit supplementary reports from drivers, owners,
police departments, sheriffs, coroners, or any other individual.
Failure of any individual to submit a supplementary report subjects such
individual to the same penalties for failure to report as designated
under Section 11‑406. (Source: P.A. 83‑831.)
(625 ILCS 5/11‑415)(from Ch. 95 1/2, par. 11‑415) Sec. 11‑415. Municipalities may require traffic accident reports. Municipalities may by ordinance require that the driver or owner of
a vehicle involved in a traffic accident file with the designated municipal
office a written
report of such accident. All such reports shall be for the confidential
use of the municipal office and subject to the provisions of Section 11‑412. (Source: P.A. 83‑831.)
(625 ILCS 5/11‑416)(from Ch. 95 1/2, par. 11‑416) Sec. 11‑416. Furnishing
copies ‑ Fees.
The Department of State Police may furnish copies of an Illinois
State Police Traffic Accident Report that has been investigated by the
State Police and shall be paid a fee of $5 for each such
copy, or in the case of an accident which was investigated by an accident
reconstruction officer or accident reconstruction team, a fee of $20 shall be
paid. Other State law enforcement agencies or law enforcement agencies of
local authorities may furnish copies of traffic accident reports
prepared by such agencies and may receive a fee not to exceed $5 for each
copy or in the case of an accident which was investigated by an accident
reconstruction officer or accident reconstruction team, the State or local law
enforcement agency may receive a fee not to exceed $20. Any written accident report required or requested to be furnished the
Administrator shall be provided without cost or fee charges authorized
under this Section or any other provision of law. (Source: P.A. 90‑89, eff. 1‑1‑98.)
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