Leaving the Scene of an Accident in South Carolina is considered one of the most serious criminal offenses under South Carolina Law and the South Carolina Code of Laws. Drivers involved in traffic collisions must stop, provide a driver’s license, present vehicle registration, and cooperate with law enforcement officers. Failure to comply is treated as a hit and run, punishable under South Carolina Criminal Law.
Both the Department of Public Safety and the Department of Transportation emphasize that Leaving the Scene of an Accident creates dangers on highways, damages official traffic-control devices, violates every provision of law, and undermines compliance with speed limits.
The Duty to Stop Under South Carolina Law
The Uniform Act Regulating Traffic on Highways and SC Code Ann. § 56-5-1210 make it clear that all drivers of Motor Vehicles must:
- Stop immediately after traffic collisions.
- Provide name, address, and vehicle registration.
- Show a driver’s license to a law enforcement officer.
- Report property damage to the Department of Transportation and the Department of Public Safety.
- Notify emergency medical personnel if someone suffers serious injury or great bodily injury.
When drivers ignore these rules, they not only violate a provision of law but also add to the workload of the Department of Transportation and the Department of Public Safety, both of which document thousands of hit and run accidents caused by ignoring speed limits and damaging official traffic-control devices.
What Counts as Leaving the Scene
Leaving the Scene is broadly defined in South Carolina Criminal Law. Examples include:
- Fleeing after causing property damage to unattended vehicles, road barriers, or official traffic-control devices.
- Hit and run accidents involving pedestrians, cyclists, or vehicular traffic.
- Driving away without providing a driver’s license or vehicle registration.
- Refusing to report collisions to the Department of Public Safety.
- Failing to notify the Department of Transportation about destroying official traffic-control devices.
Even panic, intoxication, or attempting to avoid criminal charges is no defense under any provision of law.
Penalties for Leaving the Scene of an Accident
The South Carolina Code of Laws outlines escalating criminal charges based on the severity of the crash.
1. Property Damage Only
- Fine of hundreds to thousands.
- Up to 30 days jail time.
- Loss of driving privileges.
- Reports filed with the Department of Transportation and the Department of Public Safety about official traffic-control devices damaged.
2. Accidents with Serious Injury
- 30 days to 1 year jail time.
- Fines up to $5,000.
- Loss of driver’s license.
- Records maintained by the Department of Public Safety and submitted to courts.
3. Great Bodily Injury Cases
- 30 days to 10 years in prison.
- Fines up to $10,000.
- Extended suspension of driving privileges.
- Investigation by the Department of Transportation if official traffic-control devices were damaged in the wreck.
4. Fatalities in Hit and Run Accidents
- 1 to 25 years in prison.
- Up to $25,000 in fines.
- Permanent loss of license.
- Reports filed with both the Department of Public Safety and Department of Transportation for enforcement.
Civil and Insurance Consequences
Beyond criminal charges, offenders face civil lawsuits. Victims file claims against both the driver and their insurance company. But if the driver has a criminal record for Leaving the Scene of an Accident, the insurance company often denies coverage.
This forces the offender to personally cover:
- Medical bills for serious injury or great bodily injury.
- Replacement of official traffic-control devices managed by the Department of Transportation.
- Property repair costs documented by the Department of Public Safety.
- Compensation for lost wages and suffering.
Failure to pay can result in wage garnishments, liens, and harsher legal consequences.
Why Drivers Commit Hit and Run Accidents
Drivers flee for many reasons:
- Fear of law enforcement officers.
- Attempting to hide criminal offenses.
- Driving without a driver’s license or vehicle registration.
- Evading DUI consequences under the Alcohol and Drug Safety Action Program.
- Worry about being cited for exceeding speed limits.
- Avoiding responsibility for destroying official traffic-control devices.
Yet, the Department of Public Safety and the Department of Transportation stress that fleeing only adds to penalties and violates every provision of law in the state.
Steps to Take After a Wreck
Drivers must always:
- Stop immediately and do not commit a hit and run accident.
- Ensure safety and help maintain traffic flow.
- Call 911 and cooperate with law enforcement.
- Provide a valid driver’s license and vehicle registration.
- Notify the Department of Public Safety for recordkeeping.
- Inform the Department of Transportation if official traffic-control devices are damaged.
- Follow all provisions of law requirements to avoid criminal offenses.
By following these steps, drivers comply with South Carolina Law, protect driving privileges, and reduce legal consequences.
Role of Agencies in Enforcement
Department of Public Safety
The Department of Public Safety enforces South Carolina Criminal Law, investigates hit and run accidents, and monitors violations of speed limits. Officers under the Department of Public Safety reconstruct accidents, enforce every provision of law, and file detailed reports on damaged official traffic-control devices.
Department of Transportation
The Department of Transportation maintains roads, tracks traffic collisions, and replaces official traffic-control devices. Whenever speed limits are ignored and wrecks occur, the Department of Transportation records damages and forwards them to the courts.
Together, the Department of Public Safety and Department of Transportation form the backbone of accident enforcement, ensuring compliance with every provision of law.
Real-Life Example
The Tega Cay Police Department, working with the Department of Public Safety and the Department of Transportation, handled a hit and run accident near McAlister’s Deli. The driver ignored speed limits, destroyed multiple official traffic-control devices, and violated several provisions of law requirements.
The offender faced years of jail time, fines, suspension of driving privileges, and reimbursement costs to the Department of Transportation. The case illustrates the combined enforcement power of the Department of Public Safety and Department of Transportation.
Conclusion
Leaving the Scene of an Accident in South Carolina is among the most serious criminal offenses. It violates multiple provisions of law requirements, disrupts traffic flow, destroys official traffic-control devices, and burdens the Department of Public Safety and the Department of Transportation.
Whether the case involves property damage, serious injury, great bodily injury, or death, offenders risk fines, long jail time, permanent loss of driving privileges, and lasting marks on a criminal record.
Compliance with speed limits, cooperation with the Department of Public Safety, and reporting damages to the Department of Transportation are the only ways to avoid severe legal consequences.
About Ted Law firm
Ted Law Firm focuses on educating the community about South Carolina Law, the role of the Department of Public Safety, and the duties enforced by the Department of Transportation. We serve families across Aiken, Anderson, Charleston, Columbia, Greenville, Myrtle Beach, North Augusta and Orangeburg. By spreading awareness of provision of law, speed limits, and the importance of protecting official traffic-control devices, Ted Law ensures drivers understand their responsibilities. Contact us today for a free consultation
