Should You Stop and Help at an Accident Scene?
You see a car accident on the road. Someone is hurt. You want to help. But a question crosses your mind: if you try to help and something goes wrong, can you be sued?
Illinois has a Good Samaritan Law designed to answer that question. The law encourages bystanders to provide emergency assistance by shielding them from most civil liability. But the protection has limits. Understanding what the law covers and what it does not is important for everyone.
The Illinois Good Samaritan Act
The primary Good Samaritan protection in Illinois is found at 745 ILCS 49/25, part of the Good Samaritan Act. The law provides that any person who provides emergency care in good faith, without fee or compensation, at the scene of an emergency is not liable for civil damages as a result of their acts or omissions in providing that care.
The key elements are:
- Emergency care. The assistance must be provided in an emergency situation.
- Good faith. The person helping must genuinely be trying to help, not acting with malicious intent.
- No compensation. The protection applies to people who help voluntarily, not those being paid to provide medical care.
- At the scene. The care must be provided at or near the scene of the emergency, not later at a hospital or clinic.
Who Is Protected?
The Good Samaritan Act protects a broad range of people who provide emergency help:
Ordinary Bystanders
If you are a regular person with no medical training and you stop to help at a car accident, you are protected. Whether you pull someone from a burning car, apply pressure to a wound, or simply call 911 and stay with the injured person, the law shields you from liability as long as you act in good faith.
Off-Duty Medical Professionals
Doctors, nurses, EMTs, and other medical professionals who happen upon an emergency scene and provide care voluntarily (not as part of their job duties) are also protected. An off-duty nurse who performs CPR at an accident scene is covered by the Good Samaritan Act.
First Responders
Illinois also provides specific protections for on-duty emergency personnel under various provisions, though their protections are analyzed under different legal standards since they are acting in their professional capacity.
What the Good Samaritan Law Does NOT Protect
The law has important exceptions and limitations.
Willful and Wanton Misconduct
The Good Samaritan Act does not protect against willful and wanton misconduct. If you act with a conscious disregard for the safety of the person you are helping, you can still be held liable. For example, if you drag an accident victim with an obvious spinal injury across the road carelessly, causing paralysis, that could be considered willful and wanton conduct.
The standard for willful and wanton misconduct is higher than ordinary negligence. You would need to show a near-intentional disregard for the injured person’s safety.
Compensation or Professional Duty
If you are being paid to provide care, the Good Samaritan Act does not apply. An on-duty EMT responding to a 911 call is not a Good Samaritan. They are performing their job. Their liability is governed by professional standards of care and their employer’s policies.
Hospital or Clinical Settings
The protection applies at the scene of the emergency. Once an injured person is transported to a hospital, the medical professionals treating them are held to professional standards of care, not Good Samaritan protections.
The Duty to Rescue in Illinois
Illinois does not have a general legal duty to rescue. You are not required by law to stop and help at an accident scene. You can drive past without legal consequences in most situations.
There are exceptions:
- Special relationships. Parents have a duty to rescue their children. Employers may have duties to employees in certain situations.
- Created the danger. If you caused the accident, you have a duty to render reasonable assistance.
- Assumed the duty. If you begin to provide aid, you cannot abandon the person in a worse position than you found them.
That last point is important. Once you start helping, you have assumed a duty of care. You must continue to act reasonably. Walking away after partially treating someone and leaving them worse off could create liability.
Good Samaritan Protections for Specific Situations
Illinois has enacted additional Good Samaritan protections for specific scenarios:
AED Use (Automated External Defibrillators)
Under 745 ILCS 49/12, any person who in good faith and without fee or compensation uses an AED to render emergency care is not liable for civil damages. This encourages bystanders to use publicly available defibrillators without fear of lawsuits. The protection extends to the person or entity that owns and maintains the AED, provided they follow proper maintenance protocols.
Choking Emergencies
Under 745 ILCS 49/17, any person who provides emergency care for choking in good faith and without compensation is protected from civil liability. This covers performing the Heimlich maneuver or other anti-choking techniques.
Opioid Overdose Response
Under 745 ILCS 49/35, any person who administers naloxone (Narcan) in good faith to someone experiencing an opioid overdose is immune from civil liability. This provision is part of Illinois’s response to the opioid crisis.
Epinephrine Administration
Under 745 ILCS 49/47, a person who administers an epinephrine auto-injector (EpiPen) to someone experiencing anaphylaxis is protected if they act in good faith.
How This Relates to Accident Liability
The Good Samaritan Law is separate from the liability rules that govern the accident itself. If you are injured in a truck accident or motorcycle accident, your claim for damages against the at-fault party is governed by negligence law and Illinois comparative fault rules.
The Good Samaritan Law only comes into play if a third party provides emergency assistance at the scene and causes additional injury. In practice, this is rare. But it matters in situations like:
- A bystander moves an accident victim and causes a spinal injury to worsen.
- Someone provides incorrect first aid that causes harm.
- A well-meaning person pulls someone from a vehicle and drops them.
In these situations, the injured person might wonder if they can sue the Good Samaritan. Generally, the answer is no, unless the helper’s conduct rises to willful and wanton misconduct.
Liability for Causing an Accident
The Good Samaritan Law does not protect the person who caused the accident. If you rear-ended someone and then got out to help them, the Good Samaritan Act protects your emergency assistance, but you are still fully liable for causing the crash in the first place.
Understanding the difference between liability for the accident and liability for emergency care is important. They are two separate legal analyses.
What About False Emergency Calls?
Making a false emergency call is a crime in Illinois. The Good Samaritan Act does not protect someone who fabricates an emergency or calls 911 with false information. This is governed by criminal statutes, not the Good Samaritan Act.
Insurance Implications
If you help at an accident scene and are later accused of causing additional harm, your homeowner’s insurance or personal liability coverage may provide a defense. However, relying on the Good Samaritan Act is the primary protection.
For questions about how insurance and liability work in accident cases, visit our dedicated page.
Practical Advice for Helping at an Accident Scene
- Call 911 first. Getting professional help on the way is the most important step.
- Do not move injured people unless they are in immediate danger (such as a fire or traffic hazard). Moving someone with a spinal injury can cause paralysis.
- Provide care within your ability. If you know CPR, perform CPR. If you do not, stay with the person and keep them calm until help arrives.
- Do not leave. Once you start helping, do not abandon the person.
- Be honest about your training. If EMS asks what you did, tell them accurately.
When You Need Legal Help
If you were injured in an accident and someone’s emergency assistance made things worse, or if you helped at an accident scene and are now facing a claim, you need an experienced attorney who understands Illinois Good Samaritan Law.
Talk to Phillips Law Offices Today
Whether you were injured in an accident or have questions about liability after helping at a crash scene, we can help you understand your legal rights under Illinois law.
Call Phillips Law Offices at (312) 346-4262 or contact us online for a free consultation.