United Airlines employee charged with fatal hit-and-run crash with cyclist.

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Serge, this article and discussion needs to be revisited.


Thoughts and prayers for the family and friends of Jose Gomez. Another horribly tragic loss of a young life. 

News reports often just say the driver "fled the scene" of a hit-and-run. But the requirements for a driver are more complicated than just staying at the scene of the crash. There's also a legal duty to help in the investigation and to make sure the injured person gets medical help. 

Section 11-401(a) of the Illinois Vehicle Code states: 

"The driver of any vehicle involved in a motor vehicle accident resulting in personal injury to or death of any person shall immediately stop such vehicle at the scene of such 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 Section 11-403 have been fulfilled."

Section 11-403 of the Illinois Motor Vehicle Code also states the law as to what a driver in a fatal bicycle crash must do: 

"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 such driver’s license to the person struck or the driver or occupant of or person attending any vehicle collided with an shall render to any person injured in such accident reasonable assistance, including the carrying or the making of arrangements for the carrying of such person to the 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."

Interesting that the driver was identified by the plate he left at the scene.  That's actually really common.  I have probably handled a half dozen cases in which we identified drivers by a license plate they left at the scene.  In one case a driver was positively identified by an eye witness because he returned to the scene in attempt to recover the plate.  The witness saw the driver walking around in the road after the ambulance and police left.

It is appropriate that the driver is facing a felony.  I get really frustrated when police refuse to file charges against a hit-and-run driver.  One of my first bicycle cases involved a girl left in the roadway with a broken arm.  We went out, found the driver for the police, and they wouldn't charge him with a hit-and-run.  If there's an injury it's supposed to be a felony hit and run charge.  

My thoughts are with the family and friends. 


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