In the aftermath of a motor vehicle accident, emotions run high. Shock, confusion, and fear often lead individuals, especially hit-and-run drivers to make poor decisions, like fleeing. But in Columbia, South Carolina, leaving the scene of an accident is a criminal offense that can result in devastating criminal charges and severe jail time. Whether it’s a case involving property damage, bodily injury, or risk of death, South Carolina traffic laws are clear: drivers must stay, assist the injured person, and provide vehicle registration details.
Understanding South Carolina’s Hit-and-Run Accidents Law
South Carolina Code § 56-5-1210 requires any fault driver involved in an accident with property damage, personal property loss, or bodily injury to:
- Stop immediately or as close as safely possible
- Exchange vehicle registration and license plate information
- Provide their driver’s license when requested by a police officer on a public road.
- Assist any injured person, including calling emergency services personnel or emergency medical.
- Cooperate with law enforcement officers during traffic investigations on public roads or on junctions of roadways.
Failure to follow these steps is a serious criminal offense that results in criminal charges, days in jail, and possible license suspension. In many cases, drivers may be handling a disabled vehicle, a towing vehicle, or a combination of vehicles, all of which require extra caution and legal knowledge when involved in a traffic crash.
Levels of Criminal Charges for Hit-and-Run Cases in Columbia, SC
- Property Damage Only
- Classified as a misdemeanor
- Penalties: Up to 1 year jail time, fines from $100 to $5,000
- Substantial Risk of license suspension and higher insurance policies premiums
- Bodily Injury to Another
- Classified as a felony
- Penalties: 30 days to 10 years days imprisonment, $5,000–$10,000 fines
- Extended license suspension or revocation
- Serious Bodily Injury or Risk of Death
- Felony charge with up to 25 years term of imprisonment
- Fines ranging from $10,000 to $25,000
- Permanent criminal record, impact on future insurance company claims
Why Do Hit-and-Run Drivers Flee?
Some fender benders or unattended vehicle cases arise from panic, others from:
- Driving under the influence of alcohol
- Lacking insurance policies for types of vehicles
- Having active warrants during a traffic crash
- Being unaware of the provisions of Sections of the law
- Operating a towing vehicle, disabled vehicle, or combination of vehicles illegally on public roads.
Still, none of these reasons are valid under South Carolina law. Not even if it involves a privately-owned motor vehicle or happens in a residential district, business district, or urban district.
Impact on Victims of Hit-and-Run Accidents
Victims of hit-and-run cases suffer additional burdens:
- Delayed emergency services personnel assistance
- Difficulty identifying the responsible party
- Complex dealings with the insurance company
- Higher medical expenses and medical bills during emergency medical
- Emotional trauma and loss of income due to bodily injury
Luckily, South Carolina insurance policies require uninsured motorist coverage to protect against hit-and-run accidents, which occur frequently in cities like Rock Hill and Lexington County, both within the respective jurisdictions of local law enforcement.
Legal Options & Defenses for the Fault Party
If you’re facing accusations, a criminal defense attorney might explore:
- Lack of knowledge of property damage or bodily injury
- Affirmative defense such as an emergency medical.
- False accusations or mistaken identity
- No actual vehicular traffic or infraction occurred according to traffic violations.
- Reasonable legal advice misunderstood or misapplied
Every personal injury case is unique and requires expert review by experienced lawyers, especially when laws from MRS Title 29-A section or involving controlled-access highways or multi-lane highways are in question.
How Law Enforcement Handles Traffic Investigations
Law enforcement officers in Columbia deploy multiple methods:
- Photographic evidence from surveillance footage
- Analysis of license plate readers
- Vehicle registration and debris match of towing vehicle
- Use of tech across respective jurisdictions like Rock Hill and Lexington County
Evading identification is almost impossible in today’s high-tech traffic crash investigation environment. Even official signs, yield signs, and facie evidence can play a critical role in determining fault.
Civil vs. Criminal Penalties for Hit-and-Run Drivers
Besides criminal charges, victims may bring civil claims for:
- Medical bills
- Pain and suffering-No person
- Lost wages
- Punitive damages
- Accident with property damage
These are separate from criminal court proceedings and often involve negotiation with the insurance company, especially if the crash occurred on public highways, public roads, or even multi-lane private roads.
Why You Need Immediate Legal Representation
Whether you’re the injured person or the fault party, don’t delay seeking a criminal defense attorney or accident lawyers. Timely legal representation can:
- Reduce jail time or license suspension
- Increase chances of recovering damages for personal injury
- Help navigate insurance policies and claims against person in charge
- Protect you from harsh outcomes under Columbia traffic laws
Ted Law Firm Is Here to Help
At Ted Law Firm, we know how difficult it is to deal with the aftermath of hit-and-run accidents. Whether you’re a victim seeking justice with competent jurisdiction or someone wrongly accused, our criminal defense attorneys and accident lawyers are ready to fight for you. We also work closely with business community partners, the business community, and local City Council to uphold the laws and protect your rights no matter the jurisdiction or city address.
Trust Ted Law Firm to guide you through life’s most difficult times. We’re committed to your recovery and peace of mind. We proudly represent injured moped riders and their families in Aiken, Charleston, Greenville, Columbia, Myrtle Beach, and Atlanta, advocating for accident victims across South Carolina and Georgia. When a devastating crash turns your world upside down, you can count on Ted Law Firm to stand by your side and provide the trusted legal support you deserve.
Contact us now for a free consultation and get the support you need today.
Attorney Ted Sink, founder of The Ted Law Firm, is a Yale, Stanford Business School, and Charleston School of Law graduate and former marketing executive who built a 7-figure law practice, earning millions for his clients. With experience in both law and advertising, Ted has been recognized in Forbes, Entrepreneur, and the ABA Journal. He speaks at industry conferences on marketing and law firm management, sharing insights from his unique background to help other firms grow. When not working, Ted enjoys traveling, diving, and dog-sitting golden retrievers.
