South Carolina Hit and Run Laws
Accidents happen, even to the most cautious driver. Their consequences can vary from a minor scratch to severe injury, vehicular damage, or even death.
But what happens if a driver fails to stop and identify themselves after an accident? They might face hit and run charges, which are penalized as felonies or misdemeanors under South Carolina law.
This article will guide you through the hit and run laws in South Carolina, including requirements, penalties, reporting obligations, and ways to avoid committing an offense.
Requirements under Section 56-5-1230
According to section 56-5-1230 of the South Carolina Code of Laws, a person involved in an accident that results in death, injury, or property damage must immediately stop their vehicle and provide their name, address, and registration number of the vehicle. If the owner of the damaged property cannot be located, the driver shall leave a written notice containing the required information and circumstances of the accident.
If the driver fails to stop and identify themselves, they are committing a hit and run offense, which is punishable as a felony if it results in death or injury, or as a misdemeanor if it causes property damage only.
Notification and Reporting Obligations
If you’re involved in an accident that requires notification, you must immediately report it to law enforcement. You should also contact the DMV to file a written report within fifteen days of the accident.
Failure to notify law enforcement or DMV can result in the suspension of your license. In addition, the victim of a hit and run accident can file civil charges against the responsible driver, seeking punitive damages and compensation for their injuries and damages.
How to Avoid Hit and Run Charges
To avoid hit and run charges, you should adhere to the statutory requirements under section 56-5-1230. If you’re responsible for an accident, you should stop your vehicle and provide all necessary information to the victim and law enforcement.
You should also try to negotiate a settlement with the victim or their insurance company and provide any evidence, such as dashcam footage or eyewitness accounts, that supports your version of the accident. However, you should not admit fault, as it can be used against you in court.
Finally, you should file a police report and notify DMV to avoid any license suspension.
Leaving the Scene of an Accident
Leaving the scene of an accident, also known as hit and run, is a serious offense in South Carolina. It involves failing to stop and identify oneself after an accident, which is a legal obligation under section 56-5-1230.
If you’re involved in an accident, you must stop your vehicle, provide your name, address, and registration number of the vehicle, and exhibit your driver’s license to the victim and law enforcement. You should also render assistance to anyone who’s injured and needs help, such as calling 911 or providing first aid.
Reporting an Accident
If you’re involved in an accident that requires reporting, you must notify law enforcement immediately. You should also file a written report with DMV within fifteen days of the accident, providing all necessary information, including the names, addresses, and insurance information of the drivers involved, the date, time and location of the accident, the extent of property damage or injuries, and any witness statements.
Vehicle owners are also required to report any accident involving their vehicle to DMV, regardless of fault. Penalties for
Leaving the Scene of an Accident
Leaving the scene of an accident is penalized as a misdemeanor or a felony, depending on the severity of the offense.
If the accident results in property damage only, the driver commits a misdemeanor, punishable by imprisonment for up to thirty days, fines up to $1,000, or both. If the accident results in injury or death, the driver is charged with a felony, punishable by imprisonment for up to twenty-five years, fines up to $25,000, or both.
In addition, the driver’s license can be revoked, and they can face civil charges seeking punitive damages and compensation for the victim’s injuries and damages. In conclusion, hit and run offenses are serious crimes that endanger the safety of others and can have severe consequences for the responsible driver.
It’s essential to follow the requirements under South Carolina hit and run laws and report any accidents that require notification or reporting. By doing so, you can avoid committing an offense and protect yourself from penalties and civil charges.
DUI Hit and Run and South Carolina’s
Implied Consent Laws
Driving under the influence of alcohol or drugs is a dangerous act that can lead to accidents resulting in property damage, injuries, or even death. Additionally, leaving the scene of an accident while intoxicated is a criminal act that can result in severe penalties, including fines, license suspension or revocation, and imprisonment.
In South Carolina, DUI hit and run is considered a felony, and the state’s implied consent laws provide legal grounds for sobriety testing and license suspension.
Implied Consent Laws
South Carolina’s implied consent laws provide legal grounds for law enforcement officers to conduct sobriety tests and determine whether a driver is impaired. Implied consent means that by driving on public roads, you agree to take a sobriety test if a law enforcement officer has reasonable suspicion that you’re driving under the influence of alcohol or drugs.
Refusing to take a sobriety test can result in the suspension of your license, regardless of whether you’re found guilty of DUI. If you’re convicted of DUI and you have a prior DUI conviction, your license is suspended automatically for one year.
If you refuse to take a sobriety test, your license is suspended for six months for the first offense and one year for subsequent offenses.
Negligence Per Se Statute
Negligence per se refers to a legal doctrine that establishes negligence as a matter of law, without considering the circumstances of the case. In South Carolina, the negligence per se statute considers DUI hit and run offenses as gross negligence.
If you commit a hit and run offense while under the influence of alcohol or drugs, you’re considered to be grossly negligent, and if the accident results in death, you can be charged with involuntary manslaughter. Criminal negligence refers to the reckless disregard for the lives or safety of others, which can result in criminal charges.
If you cause an accident while under the influence of alcohol or drugs, and it results in severe personal injury or death, you can be charged with criminal negligence.
Fault and Comparative Negligence in South Carolina
South Carolina is a fault state, which means that the at-fault party is responsible for paying damages to the victim. If you’re involved in an accident, and you’re found to be at fault, you may be held liable for damages, including medical expenses, lost wages, property damage, and pain and suffering.
Comparative negligence means that the victim may be partially responsible for the accident and their damages. In South Carolina, if the victim’s negligence is less than 51%, they can still recover damages from the at-fault party, but their damages will be reduced by the percentage of their fault.
Statute of Limitations
In South Carolina, there is a time limit, also known as the statute of limitations, for filing a lawsuit for personal injury, property damage, or wrongful death. The statute of limitations for personal injury is three years from the date of the accident.
For property damage, the statute of limitations is three years from the date of the accident or discovery of the damage, whichever is the latest. For wrongful death cases, the statute of limitations is three years from the date of death.
Leaving the Scene of an Accident Defense
If you’re accused of leaving the scene of an accident, you may have defenses based on mistaken identity, unawareness, or no injury, death, or property damage. Mistaken identity is a defense if the accused can prove that they were not involved in the accident or that they were not the driver of the vehicle.
Unawareness of the accident is a defense if the accused can prove that they had no knowledge of the accident or that they had no reason to believe that the accident occurred. No injury, death, or property damage can be a defense if the accused can prove that no injuries, death, or property damage resulted from the accident.
Conclusion
DUI hit and run and leaving the scene of an accident are serious offenses that can lead to severe penalties and consequences. The implied consent laws and negligence per se statute make it clear that drunk driving and leaving the scene of an accident are criminal acts that endanger public safety.
Understanding fault and comparative negligence, as well as the statute of limitations, can be important when filing a claim for damages. Knowing your rights and defenses, and working with an experienced attorney, can help you navigate these complex legal issues and protect your best interests.
In South Carolina, hit and run offenses are penalized with severe consequences, including fines, license suspension, and imprisonment. Driving under the influence of alcohol or drugs makes this offense even more serious, leading to potential felony charges and criminal negligence.
Understanding South Carolina’s implied consent laws, negligence per se statute, and fault and comparative negligence rules can help drivers avoid committing offenses and protect themselves in case of an accident. It’s essential to drive responsibly, adhere to legal requirements and seek legal counsel to protect your rights and interests in the event of an incident.