Illinois Compiled Statutes
Information maintained by the Legislative Reference Bureau
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VEHICLES625 ILCS 5/11-404
(625 ILCS 5/) Illinois Vehicle Code.
(625 ILCS 5/11-404)
(from Ch. 95 1/2, par. 11-404)
Duty upon damaging unattended vehicle or other property.
(a) 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. If a damaged vehicle is obstructing traffic lanes, the driver of the vehicle must make every reasonable effort to move the vehicle or have it moved so as not to block the traffic lanes.
(b) Any person failing to comply with this Section shall be guilty of a Class
(c) If any peace officer or highway authority official finds (i) a vehicle standing upon a highway or toll highway in violation of a prohibition, limitation, or restriction on stopping, standing, or parking imposed under this Code or (ii) a disabled vehicle that obstructs the roadway of a highway or toll highway, the peace officer or highway authority official is authorized to move the vehicle or to require the operator of the vehicle to move the vehicle to the shoulder of the road, to a position where parking is permitted, or to public parking or storage premises. The removal may be performed by, or under the direction of, the peace officer or highway authority official or may be contracted for by local authorities. After the vehicle has been removed, the peace officer or highway authority official shall follow appropriate procedures, as provided in Section 4-203 of this Code.
(d) A towing service, its officers, and its employees are not liable for loss of or damages to any real or personal property that occurs as the result of the removal or towing of any vehicle under subsection (c), as provided in subsection (b) of Section 4-213.
(Source: P.A. 95-407, eff. 1-1-08.)
625 ILCS 5/11-406
(625 ILCS 5/11-406)
(from Ch. 95 1/2, par. 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 $1,500 (or $500 if any of the vehicles involved in the accident is subject to Section 7-601 but is not covered by a liability insurance policy in accordance with Section 7-601) 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. 95-754, eff. 1-1-09.)
625 ILCS 5/11-407
(625 ILCS 5/11-407)
(from Ch. 95 1/2, par. 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
(625 ILCS 5/11-408)
(from Ch. 95 1/2, par. 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
Such written reports and the information contained in those reports required to be forwarded by law enforcement officers
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.
(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 under Section 11-412 or 11-414 of this Code.
(c) The Department at its discretion may provide for in-depth
investigations of accidents involving Department employees or other motor vehicle accidents by individuals or
special investigation groups, including but not limited to police officers,
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 under Section 11-412 or 11-414 of this Code.
(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
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.
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
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. 100-96, eff. 1-1-18
625 ILCS 5/11-409
(625 ILCS 5/11-409)
(from Ch. 95 1/2, par. 11-409)
False motor vehicle accident reports or notices.
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
(625 ILCS 5/11-410)
(from Ch. 95 1/2, par. 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
(625 ILCS 5/11-411)
(from Ch. 95 1/2, par. 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 approved form or in an approved electronic format provided by the Administrator and must
contain all the information required therein unless that information is not
available. The Department shall adopt any rules necessary to implement this subsection (b).
(c) Should special accident studies be required by the Administrator,
the Administrator may provide the supplemental forms for the special
(Source: P.A. 100-96, eff. 1-1-18
625 ILCS 5/11-412
(625 ILCS 5/11-412)
(from Ch. 95 1/2, par. 11-412)
Motor vehicle accident reports confidential.
(a) 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.
(b) Upon written request, the Department shall
furnish copies of its written accident reports or any supplemental reports to federal, State, and local
agencies that are engaged in highway safety research and studies and to any person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency. Reports
furnished to any agency, person, or entity 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, person, or entity.
These reports shall be exempt from inspection and copying under the Freedom of Information Act and shall not 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 or supplemental report, or upon demand of any
court, a certificate showing that a specified written accident report or supplemental 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 or supplemental report
be made to the Administrator.
(c) Upon written request, the Department shall furnish motor vehicle accident data to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity under Section 11-417 of this Code.
(d) The Department at its discretion may provide for
in-depth investigations of accidents involving Department employees or other motor vehicle accidents. A
written report describing the preventability of such an accident may be
prepared to enhance the safety of Department employees or the traveling public. Such reports and the information contained in those 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. 100-96, eff. 1-1-18
625 ILCS 5/11-413
(625 ILCS 5/11-413)
(from Ch. 95 1/2, par. 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
(625 ILCS 5/11-414)
(from Ch. 95 1/2, par. 11-414)
Department to tabulate and analyze motor vehicle accident
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 motor vehicle accident data. The Department:
2. shall, upon written request, make available to
the public motor vehicle accident data that shall be distributed under Sections 11-412 and 11-417 of this Code;
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. 100-96, eff. 1-1-18
625 ILCS 5/11-415
(625 ILCS 5/11-415)
(from Ch. 95 1/2, par. 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
(625 ILCS 5/11-416)
(from Ch. 95 1/2, par. 11-416)
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. These fees shall be deposited into the State Police Services Fund.
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. 101-571, eff. 8-23-19.)
625 ILCS 5/11-417
(625 ILCS 5/11-417)
Motor vehicle accident report and motor vehicle accident data.
(a) Upon written request and payment of the required fee, the Department shall make available to the public motor vehicle accident data received in compliance with this Code. The Department shall adopt any rules necessary to establish a fee schedule for motor vehicle accident data made available under Section 11-414 of this Code.
(b) The Department shall provide copies of a written motor vehicle accident report or motor vehicle accident data without any cost or fees authorized under any provision of law to a federal, State, or local agency, the Secretary of State, the Illinois Commerce Commission, or any other person or entity that has a contractual agreement with the Department or a federal, State, or local agency to complete a highway safety research and study for the Department or the federal, State, or local agency.
(c) All fees collected under this Section shall be placed in the Road Fund to be used, subject to appropriation, for the costs associated with motor vehicle accident records and motor vehicle accident data.
(Source: P.A. 100-96, eff. 1-1-18
625 ILCS 5/Ch. 11 Art. V
(625 ILCS 5/Ch. 11 Art. V heading)
DRIVING WHILE UNDER THE INFLUENCE,
TRANSPORTING ALCOHOLIC LIQUOR,
AND RECKLESS DRIVING
(Source: P.A. 99-78, eff. 7-20-15.)
625 ILCS 5/11-500
(625 ILCS 5/11-500)
(from Ch. 95 1/2, par. 11-500)
For the purposes of interpreting Sections
6-206.1 and 6-208.1 of this Code, "first offender" shall mean any person
who has not had a previous conviction or court assigned supervision for
violating Section 11-501, or a similar provision of a local ordinance,
or a conviction in any other state for a violation of driving while under
the influence or a similar offense where the cause of action is the same
or substantially similar to this Code or similar offenses committed on a military installation, or any person who has not had a driver's license suspension pursuant to paragraph 6 of subsection (a) of Section 6-206 as the result of refusal of chemical testing in another state, or any
person who has not had a driver's license
suspension or revocation for violating Section 11-501.1 within 5 years prior to the date of
current offense, except in cases where the driver submitted to
chemical testing resulting in an alcohol concentration of 0.08 or
or any amount of a drug, substance, or compound in such person's blood, other bodily substance, or
urine resulting from the unlawful use or consumption of cannabis listed in
the Cannabis Control Act, a controlled substance listed in the
Controlled Substances Act, or an intoxicating compound listed in the Use
Intoxicating Compounds Act, or methamphetamine as listed in the Methamphetamine Control and Community Protection Act and
was subsequently found not guilty of violating Section 11-501, or a similar
provision of a local ordinance.
(Source: P.A. 99-697, eff. 7-29-16.)