Illinois law, found at 625 ILCS 5/11-401, obligates every motorist, whether at fault or not in the accident, to stop and make himself or herself known to the other drivers involved, exchange license information, and provide proof of insurance. Motorists have a duty to call for help if someone is injured. Also, motorists have to file accident reports with the local police department or sheriff’s office immediately after the accident or within a short time after release from the hospital if the driver was injured.
Any person who is at-fault for the crash, if able, would take off from the accident scene if the law was not in place. Even with the clear command of 625 ILCS 5/11-401, many motorists leave from the crash site without complying with the law. The law gives injured drivers a chance to find out who was involved and who insures the vehicle in order to file a personal injury claim and a property damage claim, if necessary. Complying with the law is not an admission of guilt.
Almost all car accidents in Illinois happen when one driver fails to yield. Illinois has many laws that create a duty for one driver to yield to another car or vehicle in many circumstances. In some instances, the failure to comply with the law creates a presumption that the driver who failed to yield is at fault.
Illinois driving laws are clear, concise, and easy to understand. However, the application of Illinois’ driving rules varies depending on the circumstances. For instance, a speeding driver who collides with another motor vehicle will most certainly be deemed to be at fault for the crash. However, there are instances when complying with the speed limit or even going slower than the speed limit will still lead to a finding of fault if the driver fails to yield when he or she is obligated to yield according to Illinois law.
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Stein & Shulman, LLC has over 45 years of combined experienced in Illinois Auto Accident Injury Law. You can receive a free and instant case review by calling our office at (312) 422-0506.