dissenting:
Because I believe the majority opinion has interpreted section 11—401 too broadly, I must respectfully dissent. I agree with the majority that contact need not be made in order to be involved in an auto accident under section 11—401. However, I believe the interpretation given by the majority makes liable not only people who are “involved” in an accident but also people who are not “involved” in the accident but who are material witnesses.
There are sufficient facts in this case to support a finding that contact was made between the defendant’s vehicle and the deceased. However, since the trial court found that there was no contact between the defendant’s vehicle and the deceased, I believe the remaining facts presented by all the witnesses clearly establish that the car in which the plaintiff was driving was not the proximate cause nor a proximate cause of the accident which took the life of the pedestrian. Thus, the defendant is, at best, a material witness who is not involved in the auto accident. The court committed error when it found beyond a reasonable doubt that the defendant was “involved” in the accident.
Both defendant and the State argue that the reasoning of one of the cases cited by the Attorney General, People v. Bammes (1968), 265 Cal. App. 2d 626, 71 Cal. Rptr. 415, should apply to the instant case. In Bammes, the defendant’s car turned into the path of a station wagon. To avoid hitting the defendant’s car, the station wagon swerved to the left into the path of an oncoming truck. The station wagon and the truck collided head on. The station wagon was demolished and five of its occupants killed. The defendant saw the crash in her rearview mirror, but continued driving. Based on these facts, the California appellate court reasoned that the defendant’s action of turning in front of the oncoming station wagon “was an efficient cause of the latter’s colliding with the truck and that therefore defendant was ‘involved’ in the accident.” (Bammes, 265 Cal. App. 2d at 631, 71 Cal. Rptr. at 418.) The court noted that even if the “real cause” of the accident had been the station wagon driver’s error in attempting to pass instead of sharply braking, “nevertheless defendant was involved in the accident because it was her pulling out into the intersection in front of the oncoming station wagon which precipitated the necessity for some immediate action” by the driver of the station wagon. (Emphasis in original.) (Bammes, 265 Cal. App. 2d at 631, 71 Cal. Rptr. at 419.) The court concluded that one may be involved in an accident, yet not be at fault. (Bammes, 265 Cal. App. 2d at 632, 71 Cal. Rptr. at 419.) The Bammes definition of “involved” is that the driver precipitated or caused the vehicle or pedestrian to come into contact with something, even if the driver was not at fault. (Bammes, 265 Cal. App. 2d at 632, 71 Cal. Rptr. at 419.) The majority’s interpretation is in conflict with the rule that penal statutes should be strictly construed in favor of defendant. To define “involved” as covering a driver who was not responsible for an accident nor made contact with anything would impermissibly extend the statute to a situation which by strict construction, does not come under its provisions. One purpose of this statute in question is to facilitate victims or their families in identifying and seeking redress from tortious drivers. This interpretation is not furthered by the majority’s interpretation punishing material witnesses who did not precipitate or cause an accident.
If a driver’s car has collided with something or someone, or another car has collided with that of the driver, a reasonable person would know that he or she had been involved in an accident. However, if there is no contact such as the trial court found in this case, there must be something which would indicate to a reasonable person that he or she had been involved in an accident. Under Bammes, when there is no contact between a person or car and the defendant’s car, defendant is “involved” in the accident if he or she did something to cause or precipitate the accident. The trial court based its decision on the fact that the defendant believed she hit the pedestrian. However, her subjective belief is irrelevant, because if the evidence showed that the defendant was not involved in the accident, her belief that she was does not establish her involvement. If a defendant did not commit an offense, he cannot be convicted, even if he believed that he committed the offense.
The majority has stated, “We emphasize that it is not necessary to determine, for purposes of deciding whether defendant was involved in a motor vehicle accident, whether defendant caused or was at fault for the accident as further urged by defendant. Such an inquiry is one for the police and the courts to undertake at a later time. This inquiry will of course be better undertaken if those who are involved in a motor vehicle accident are required to come forward and identify themselves so that the police may properly investigate the accident.” (191 Ill. App. 3d at 410-11.) Such a declaration by the majority is tantamount to a statement that if one witnesses an accident one better stop and report and let the courts and the police at some other point in time determine whether or not one is “involved” in the accident regardless of cause or fault. Such an interpretation is overly broad and goes far beyond the intent of the legislature as it makes material witnesses, not parties who may or may not be subject to liability, subject to punishment for a felony. I believe the intent of the legislature was that any individual who drove a motor vehicle and who may have been the proximate cause or a proximate cause, or who made contact with any other vehicle, person, or other instrumentality which was involved in the auto accident is required to stop and give information as required under sections 11—401(b) and 11—403 of the Code.
Since I have determined that the defendant was not involved in the auto accident, I have not not addressed the aspect of the opinion relating to whether compliance with sections 11—401(b) and 11—403 was effectuated.
Based upon the above, I respectfully dissent.