A minor impact may happen so quickly that you do not realize a crash took place. You might not learn about it until police contact you or you later notice damage to your vehicle. If someone was hurt, you could then face a charge for leaving the scene.
You can face a charge even if you did not know a crash happened. However, a charge does not prove guilt. In an Illinois case involving injury or death, the state has to prove that you knew a crash occurred and that it involved another person.
What the state has to prove
Illinois law requires you to stop after a crash that causes injury or death. You also have certain duties after you stop, such as providing your information and helping an injured person when required.
Illinois courts require the state to prove beyond a reasonable doubt that you knew about the crash and knew another person took part in it. The state does not have to prove that you knew the person suffered an injury or died.
That rule becomes important if you noticed an impact but did not know it involved another person. In that situation, the dispute may center on what you actually knew at the time.
What evidence may show
The state does not have to rely on an admission from you. Prosecutors may use other facts to argue that you knew a crash had occurred.
Vehicle damage could suggest how strong the impact was. A witness might describe your reaction or what you did before leaving the area. Prosecutors may also examine your actions shortly after the crash. The court may weigh those facts together when deciding whether the state proved knowledge beyond a reasonable doubt.
Keeping records from the crash
You may want to photograph your vehicle before any repairs. Consider keeping repair records and any reports related to the crash. It may also help to write down what you remember while the details are still fresh. Keeping these records in one place may make it easier to review what happened and respond more clearly as the case moves forward.
