Being involved in a hit-and-run accident is a traumatic and frustrating experience. You don’t have the other party involved in the accident to own up to what they did, and the accident may have caused injuries and property damage. The good news is that you don’t have to face insurance companies alone. Commiting a hit-and-run accident is a crime, and legal help is available.

Let’s start by going over some basic information that’s vital to understand about hit-and-run accidents, what actions to take after you’re involved in one, and what the legal ramifications of such a crime are:

What Is a Hit-and-Run?

A hit-and-run accident occurs when someone causes a car accident and then leaves the scene. The accident can be with another car, a cyclist, a pedestrian, or even a fixed object.

People usually commit hit-and-runs because they’re afraid of what will happen if they stay and have to own up to the accident and deal with insurance. Those without insurance may flee the scene because they know they won’t be able to afford it. But committing a hit-and-run has many more negative consequences and could affect the rest of your life forever.

The Illinois General Assembly has amended Statute 625 ILCS 5/12-610.2. Under the amended law, individuals caught texting while driving will face stiffer penalties.

The current law took effect in 2014. Under that law, there are fines for the first, second, and third texting while driving offenses; however, the first offense does not affect a person’s driving record or result in a moving violation. Those consequences are not doled out until the second offense.

Under the new law, which will take effect on July 1, 2019, drivers caught texting while driving will be issued a moving violation, and the violation will go on their driving record. In addition to receiving a fine of $75 to $100, the reported moving violation is likely to increase the cost of your auto insurance. Anyone convicted of three moving violation in a consecutive 12-month period may have their license suspended.

Effective January 1, 2019, children under the age of two in Illinois must ride in rear-facing car seats. Governor Bruce Rauner signed the bill that established the law in August 2018.

While there are no exceptions to this law, children taller than 40 inches or weighing more than 40 pounds are allowed in front-facing car seats. The new law leaves the penalties at the discretion of authorities. Illinois State Police say violators could face a $75 fine for a first offense and up to a $200 fine for a second offense.

This new law coincides with the American Academy of Pediatrics’ (AAP) recommendations. It is estimated that 59 percent of children’s car seats are used incorrectly. It’s important for parents and guardians to choose the right car seat for their child, install the seat correctly, and understand their car seat’s warranty. According to the AAP, parents should take the following guidelines into consideration when transporting their children:

• Infants and toddlers up to age two should ride in rear-facing car seats.
• Young children, until at least age four, should ride in a car seat with a five-point harness. Weight and height should be taken into consideration and compared to the manufacturer’s recommendations.
• School-age children, until at least the age of eight, should ride in a booster seat to ensure their seatbelt fits properly.
• Children should ride in the back of a vehicle until at least age 13.

Unfortunately, many of us will at some point be injured in a car accident.  Afterwards, especially if you think that the other drive was at fault, you might wonder “do I have a case?”  Let’s look at the legal requirements for “having a case” and then let’s talk about them the way real people talk.

In legal jargon, in order to make a legal recovery in an automobile accident, the injured person has to establish the following:  1.  The other driver was negligent.  2.  That other driver’s negligence proximately cause harm to you.  3.  You suffered actual harm.

What does all this actually mean?  Negligence simply means that someone did something he or she should not have done or did not do something that he or she should have done.  We have all taken driver’s education in high school and have studied the Rules of the Road.  The Rules of the Road is one of the most important resources for determining if a driver was “negligent.”  For instance, did the other driver run a stop sign?  Did the other driver turn left in front of you as you were approaching the intersection?  Was he speeding?  Talking on his cell phone?  If you can demonstrate that the other driver violated the Rules of the Road, you are on your way to showing that he was negligent.