CHAPTER 76:
Motor Vehicle Offenses
Section
76.03 Accidents involving death or personal injuries
76.04 Duty to give information and render aid
76.05 Accident involving damage to vehicle
76.06 Duty upon damaging unattended vehicle or other property
76.09 When driver fails to report
76.01 RECKLESS DRIVING.
A person commits reckless driving if he or she:
(A) Drives any vehicle with a willful or wanton disregard for the safety of persons or property; or
(B) Knowingly drives a vehicle and uses an incline in a roadway, such as a railroad crossing, bridge approach, or hill, to cause the vehicle to become airborne.
(ILCS Ch. 625, Act 5, § 11-503(a)) Penalty, see § 70.99
76.02 DRAG RACING.
(A) Any person who, as an operator of a motor vehicle, is convicted of being a participant in drag racing shall be subject to the penalties provided in this chapter.
(B) DRAG RACING means the act of two or more individuals competing or racing on any street or highway in this city in a situation in which one of the motor vehicles is beside or to the rear of a motor vehicle operated by a competing driver, and the one driver attempts to prevent the competing driver from passing or overtaking, either by acceleration or maneuver, or one or more individuals competing in a race against time on any street in this city.
(ILCS Ch. 625, Act 5, § 11-504) Penalty, see § 70.99
76.03 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 the vehicle at the scene of the 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 § 76.09 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 these requirements shall, as soon as possible but in no case later than one-half hour after the motor vehicle accident, or, if hospitalized and incapacitated from reporting at any time during the 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 the vehicle, at the police station or sheriff’s office near where the accident occurred. No report made as required under this division shall be used, directly or indirectly, as a basis for the prosecution of any violation of division (A).
(C) For purposes of this section, PERSONAL INJURY shall mean any injury requiring immediate professional treatment in a medical facility or doctor’s office.
(D) 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 ILCS Ch. 625, Act 5, § 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 ILCS Ch. 625, Act 5, § 11-501.1 if he or she fails or refuses to undergo the testing.
(ILCS Ch. 625, Act 5, § 11-401(a), (b)) Penalty, see § 70.99
76.04 DUTY TO GIVE INFORMATION AND RENDER AID.
(A) 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 the 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 the accident reasonable assistance, including the carrying or the making of arrangements for the carrying of the 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.
(B) If none of the persons entitled to information pursuant to this section is in condition to receive and understand the information and no police officer is present, the driver, after rendering reasonable assistance, shall forthwith report the accident at the Police Department, disclosing the information required by this section.
(ILCS Ch. 625, Act 5, § 11-403) Penalty, see § 70.99
76.05 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 the vehicle at the scene of the motor vehicle accident or as close thereto as possible, but shall forthwith return to and in every event shall remain at the scene of the motor vehicle accident until the requirements of this chapter have been fulfilled. Every stop shall be made without obstructing traffic more than is necessary.
(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.
(ILCS Ch. 625, Act 5, § 11-402) Penalty, see § 70.99
76.06 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 Police Department and shall make a written report of such accident when and as required in § 76.12. Every such stop shall be made without obstructing traffic more than is necessary.
(ILCS Ch. 625, Act 5, § 11-404) Penalty, see § 70.99
76.07 DUTY TO REPORT ACCIDENT.
(A) The driver of a vehicle which is in any manner involved in an accident within this city, 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 ten days after the accident, file with the Police Department a copy of the written report required to be filed with the state under ILCS Ch. 625, Act 5, § 11-406(a).
(B) Whenever a school bus is involved in an accident in this city, 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 city 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 ten days after the accident, file with the Police Department a copy of the written report required to be filed with the state under ILCS Ch. 625, Act 5, § 11-406(b). If a report is also required under division (A) above, that report and the report required by this division (B) shall be submitted on a single form.
(C) The Chief of Police 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 § 76.14 to file supplemental reports whenever the original report is insufficient in the opinion of the Chief of Police and may require witnesses of the accident to submit written reports. The report may include photographs, charts, sketches, and graphs.
(D) Should the Police Department learn through other reports of accidents required by law of the occurrence of an accident reportable under §§ 76.08 through 76.14 and the driver, owner, or witness has not reported as required under (A) through (C) above or § 76.14 within the time specified, the person is not relieved of the responsibility and the Police Department 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 (E) below.
(E) The Secretary of State shall suspend the driver’s license or any nonresident’s driving privilege of any person who fails or neglects to make report of a traffic accident as herein required or as required by any other law of this state.
(ILCS Ch. 625, Act 5, § 11-406)
Statutory reference:
Authorization for city to require accident reports, see ILCS Ch. 625, Act 5, § 11-415
76.08 FALSE REPORTS.
Any person who provides information in an oral or written report required by §§ 76.08 through 76.14 with knowledge or reason to believe that the information is false shall be fined as provided in § 70.99.
(ILCS Ch. 625, Act 5, § 11-409)
76.09 WHEN DRIVER FAILS TO REPORT.
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, the occupant shall make or cause the written report to be made. If the driver fails for any reason to make the report the owner of the vehicle involved in the motor vehicle accident shall, as soon as practicable, make the report to the Police Department.