Being involved in hit-and-run accidents in South Carolina can have serious and lasting consequences. Whether you left the scene out of fear, panic, or confusion, the decision to flee could result in criminal charges, including jail time, hefty fines, and a permanent criminal record. South Carolina’s hit-and-run laws are strict, and the penalties increase dramatically if injuries or fatalities are involved. If you’ve caused a hit-and-run accident, acting quickly and responsibly is crucial.
In this blog, we’ll explore the legal definition of a hit-and-run in South Carolina, common reasons why drivers flee the scene, the criminal penalties involved, and how your driving privileges may be affected. We’ll also cover what steps to take if you’re involved in a hit-and-run and how working with an experienced Greenville criminal defense attorney can help you navigate the legal system and protect your rights.
Legal Definition of a Hit-and-Run in South Carolina
In South Carolina, a hit-and-run is a serious offense that involves leaving the scene of an accident without fulfilling specific legal duties. Below are the core legal obligations every driver must follow during an accident.
South Carolina law requires all drivers to carry a minimum level of liability insurance.
Obligation to Stop at the Scene
Under South Carolina law, drivers involved in an accident must immediately stop their vehicle as close to the scene as possible. Failure to stop at the accident scene is considered a violation, regardless of whether the driver was at fault. Leaving the scene without stopping is classified as a hit-and-run, a criminal offense.
Duty to Exchange Information
Drivers are required to provide certain information to the other parties involved in the accident. This includes your name, address, and vehicle registration details. Noting the license plate number is crucial for law enforcement and insurance purposes, as it helps identify vehicles involved in hit-and-run accidents. If requested, you must also present your driver’s license. These actions are essential for law enforcement and insurance purposes and are legally mandated.
Requirement to Render Aid
If anyone is injured in the accident, South Carolina law imposes a duty on drivers to offer reasonable assistance. This could involve calling emergency services or helping injured individuals receive medical care. Failure to render aid can escalate the charges and penalties associated with a hit-and-run incident.
Common Reasons Why Drivers Flee the Scene
Drivers involved in accidents sometimes choose to flee the scene, often due to fear or misunderstanding of the situation. Here are the most common reasons why drivers leave the scene of an accident.
The driver responsible for the accident faces significant legal and emotional consequences, including potential insurance claims and panic reactions, especially in cases involving collisions with pedestrians.
Fear of Legal Consequences
A significant number of drivers flee the scene of a car accident because they fear the legal repercussions that may follow. This is particularly common among drivers who are under the influence of drugs or alcohol, driving without a valid license, or involved in illegal activities. The prospect of facing legal penalties can push individuals to make rash decisions, like leaving the scene.
Panic or Shock
Accidents can be overwhelming, and some drivers may flee due to the intense emotional response they experience. In moments of panic or shock, their immediate reaction may be to escape rather than address the situation properly. This reaction is often driven by confusion and the inability to process the event calmly.
Lack of Understanding
Some drivers are simply unaware of their legal obligations following an accident. They may not know that failing to stop and exchange information or render aid can lead to criminal charges. A lack of knowledge about the severity of the consequences often leads to poor decisions in the heat of the moment.
Prior Criminal Records or Warrants
Drivers with existing legal issues, such as prior criminal records or outstanding warrants, may flee to avoid further complications with law enforcement. These individuals often fear that staying at the scene will result in immediate arrest or additional legal consequences beyond the accident itself.
Criminal Penalties for Leaving the Scene
In South Carolina, the penalties for leaving the scene of an accident vary based on the severity of the incident. The law distinguishes between accidents involving property damage, injury, or death, with punishments ranging from fines to lengthy prison sentences.
Advancements in technology play a pivotal role in solving hit-and-run cases, utilizing tools like witness statements, surveillance footage, and dashcams to gather evidence that aids in apprehending offenders and ensuring community safety.
Property Damage (Misdemeanor)
If the accident results in property damage only, such as damaging a fence or another vehicle, leaving the scene is classified as a misdemeanor. The penalty can include a fine of up to $100 and a maximum of 30 days in jail. Though this is the least severe category, it still carries criminal consequences.
It is crucial to notify your insurance company promptly after an accident to ensure proper handling of claims and coverage options.
Minor Injuries (Misdemeanor)
In cases where the accident results in minor injuries to another person, leaving the scene can result in up to one year in jail and a fine of up to $5,000. The law considers the failure to render aid a serious offense, even if the injuries are not life-threatening.
It is crucial to consult an experienced car accident lawyer to navigate the legal consequences and ensure your rights are protected.
Serious Injuries (Felony)
When an accident leads to serious injuries, defined as injuries that pose a substantial risk of death or long-term impairment, leaving the scene becomes a felony. Convicted drivers face up to 10 years of imprisonment and fines reaching $10,000. These cases are treated with greater severity due to the heightened harm caused.
Fatal Accidents (Felony)
If the accident results in a fatality, fleeing the scene is classified as a felony, punishable by a prison sentence of up to 25 years and a fine ranging from $10,000 to $25,000. Leaving the scene in such situations not only worsens the legal outcome for the driver but also increases the moral and legal gravity of the offense. Accidents involving a hit-and-run driver are particularly urgent and serious, as they require immediate action to gather evidence and work with law enforcement to identify the driver.
Impact on Driving Privileges
Leaving the scene of an accident in South Carolina can result in immediate consequences for a driver’s license. The severity of the impact on driving privileges depends on the nature of the accident and the resulting damage or injury.
Immediate Suspension for Serious Accidents
In cases where the hit-and-run involves serious bodily injury or death, South Carolina law mandates the immediate suspension of the driver’s license. This is a direct response to the gravity of the offense and reflects the state’s commitment to holding drivers accountable when they cause significant harm and fail to fulfill their legal duties.
Law enforcement agencies play a crucial role in enforcing the immediate suspension of driving privileges in such serious cases.
Property Damage and Point Accumulation
For accidents that only result in property damage, the driver may still face a suspension of driving privileges, but it is not automatic. Instead, the decision depends on the driver’s record and the accumulation of points for the offense. If the points from the hit-and-run push the total over the threshold for suspension, the driver’s license will be suspended.
Reinstatement and Penalties
Reinstating driving privileges after a suspension can be a lengthy process and often involves paying fines, completing specific court requirements, or attending driving education courses. In severe cases, the driver may lose the privilege to drive for an extended period or permanently if the offense warrants it.
Consult With an Experienced Greenville Criminal Defense Attorney Today!
If you’ve been involved in a hit-and-run accident, you must act quickly to protect your future. The legal consequences can be severe, but you don’t have to face them alone. Our team at Baldwin Law can help guide you through the legal process, protect your rights, and work toward the best possible outcome for your case.
Contact us at 864-630-8503 for a free case review!