Hit-and-Run Accidents on the Rise: Protecting Your Rights in South Carolina

South Carolina’s roadways, while scenic, are becoming increasingly dangerous. A concerning trend is emerging: hit-and-run accidents are on the rise, leaving victims with injuries, vehicle damage, and a complex legal landscape to navigate. According to the South Carolina Department of Public Safety, in 2022, 15% of collisions were hit and run incidents. If you’ve been involved in a hit-and-run accident, understanding your rights and taking swift action is crucial to protecting your well-being and financial future.

What Constitutes a Hit-and-Run in South Carolina?

In South Carolina, a hit-and-run occurs when a driver involved in an accident fails to stop and provide the required information. South Carolina law, codified in S.C. Ann. § 56-5-1210, mandates that drivers involved in an accident must immediately stop their vehicle as close to the scene as possible without obstructing traffic. They must also:

Provide contact information: This includes their name, address, and vehicle registration details.
Render aid: Offer reasonable assistance to anyone injured in the accident, including calling 911 if necessary.
Provide driver’s license: Show their driver’s license if requested.

Failing to comply with these requirements constitutes a hit-and-run offense, regardless of who caused the accident. Even if you believe you weren’t at fault, leaving the scene can result in serious legal repercussions.

The Consequences of Leaving the Scene

The penalties for hit-and-run offenses in South Carolina are significant and vary depending on the severity of the accident:

Accident Resulting in Property Damage Only: This is typically charged as a misdemeanor, with penalties including up to 30 days in jail and fines up to $1,000.
Accident Resulting in Injury: This can also be charged as a misdemeanor, with penalties ranging from 30 days to one year in jail and/or a fine of $100 to $5,000.
Accident Resulting in Great Bodily Injury: This is a felony, carrying a prison sentence of 30 days to 10 years and a fine of $5,000 to $10,000. “Great bodily injury” is defined as an injury that creates a risk of death, causes disfigurement, or results in loss of bodily or organ function.
Accident Resulting in Death: This is the most serious charge, a felony that can result in imprisonment for one to 35 years and a fine of $10,000 to $25,000.

Beyond criminal penalties, a hit-and-run conviction can lead to a suspended or revoked driver’s license, increased insurance rates, and difficulty securing employment, especially in positions requiring driving or a high level of trust.

Protecting Your Rights After a Hit-and-Run

If you’re the victim of a hit-and-run accident, here’s what you should do to protect your rights:

Call 911 Immediately: Report the accident to law enforcement. This creates an official record of the incident and prompts an investigation. Inform the dispatcher that the other driver fled the scene.
Seek Medical Attention: Even if you don’t feel seriously injured, see a doctor as soon as possible. Some injuries, like whiplash or concussions, may not be immediately apparent. Prompt medical evaluation can identify potentially serious injuries and link them to the accident.
Document Everything: Write down any details you remember about the fleeing vehicle, such as the make, model, color, and license plate number (even partial). Take photos of the accident scene, vehicle damage, and any visible injuries. Gather contact information from any witnesses.
File a Police Report: Obtain a copy of the police report for your records. The report can include witness statements and other critical information that could aid in identifying the hit-and-run driver.
Notify Your Insurance Company: Inform your insurance company about the accident. South Carolina law requires all auto insurance policies to include uninsured motorist (UM) coverage, which can be crucial in hit-and-run cases.
Consult a South Carolina Car Accident Attorney: An experienced attorney can evaluate your case, explain your rights, and help you navigate the legal process. They can also assist with investigations, negotiate with insurance companies, and represent you in court if necessary.

Uninsured Motorist Coverage: A Lifeline for Hit-and-Run Victims

Uninsured Motorist (UM) coverage is an optional but highly recommended part of your auto insurance policy in South Carolina. It provides protection if you’re involved in an accident with an uninsured driver or a hit-and-run driver. UM coverage can help cover your medical expenses, lost wages, and other damages you may sustain.

In South Carolina, to make a UM claim after a hit-and-run, you must:

Report the accident to law enforcement.
Cooperate with the police investigation.
Notify your insurance company promptly.

An attorney can help ensure you meet all the requirements and maximize your compensation under your UM coverage.

Pursuing a Personal Injury Lawsuit

If the hit-and-run driver is identified, you have the option to pursue a personal injury lawsuit to seek additional compensation beyond what is provided by insurance coverage. A personal injury lawsuit can help you recover damages for:

Medical expenses (past and future)
Lost wages (past and future)
Pain and suffering
Property damage
Other losses resulting from the accident

Understanding Negligence and Comparative Fault

In a personal injury case, you must prove that the other driver was negligent and that their negligence caused your injuries. Negligence means that the driver failed to exercise reasonable care, which resulted in the accident.

South Carolina follows a “modified comparative negligence” rule. This means that you can recover damages even if you were partially at fault for the accident, as long as your negligence is not greater than the other driver’s negligence. However, your compensation will be reduced by your percentage of fault. If you are found to be 51% or more at fault, you cannot recover any damages.

Time is of the Essence: The Statute of Limitations

In South Carolina, there’s a limited time to file a personal injury lawsuit after a car accident, known as the statute of limitations. Generally, you have three years from the date of the accident to file a lawsuit for injuries or damages. Failing to do so within this timeframe can impact your ability to seek compensation.

Don’t Wait, Protect Your Rights Today

Hit-and-run accidents are a serious problem in South Carolina, but you don’t have to face the aftermath alone. By understanding your rights, taking swift action, and seeking legal guidance, you can protect your well-being and financial future. If you or a loved one has been involved in a hit-and-run accident, contact an experienced South Carolina car accident attorney today for a consultation.