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    Being in a car accident is terrifying enough, but when the at-fault driver flees the scene, that fear can quickly be accompanied by anger and frustration. The uncertainty of not knowing who caused the accident can leave you feeling hopeless and doubting whether you’ll be able to seek compensation. At Joye Law Firm, we want you to know that you don’t have to face this situation alone. We’re here to help you navigate the complexities of a hit-and-run accident and fight for the compensation you deserve.

    Since 1968, Joye Law Firm has advocated for the rights of people injured by the carelessness or negligence of others. We can investigate the crash to try to identify the at-fault driver. If the driver cannot be located, we can help you file a claim with your own uninsured motorist policy, which covers hit-and-run accidents. Call us at (888) 324-3100 for a free consultation with a North Charleston hit-and-run lawyer to discuss the proper steps to take.

    Case Study: $1,000,000 Settlement for Victim of Hit-and-Run Involving a Tractor Trailer

    Our attorneys have secured over half a billion dollars in compensation for victims of negligence across South Carolina, including those injured by hit-and-run drivers. Attorney Robert Howell recently represented a client who was rear-ended by an 18-wheeler on I-26 near Jedburg Rd. exit in Dorchester County. After the collision, the client pulled over and called 911. Upon seeing this, the at-fault truck driver quickly returned to his cab and fled the scene. Fortunately, the client was able to capture the truck’s DOT number, enabling the police to track down the driver. The crash left the client with severe neck, back, and shoulder injuries, requiring months of physical therapy, injections, and other treatments, ultimately leading to surgery. Attorney Howell successfully recovered the full $1,000,000 policy amount for the client, read the full case study here.

    What Are Hit-and-Run Accidents?

    A hit-and-run accident occurs when a motorist crashes into another vehicle, pedestrian, or stationary object and leaves the scene without reporting what happened to the authorities or exchanging information with others involved in the incident. A hit-and-run driver can be charged with a criminal misdemeanor or felony in South Carolina, depending on the consequences of the crash.

    Why Do Hit-and-Run Accidents Happen?

    They often occur because a driver panics and speeds off to avoid being cited by police for causing the crash. Hit-and-run accidents frequently involve one of the following situations:

    • Drunk driving– A driver under the influence of drugs or alcohol might flee to avoid a driving under the influence (DUI) charge after causing a crash.drunk driving
    • Lack of insurance– Auto liability insurance is mandatory in South Carolina, but some irresponsible motorists drive without it. Some let their policies lapse or never purchase insurance in the first place. They might drive away after accidents to avoid fines or charges for driving without insurance coverage.
    • Unpaid tickets or outstanding warrants– A motorist might decide to leave the scene of an accident because they know they have an outstanding warrant or unpaid traffic tickets. Instead of facing an arrest or points on their driver’s license, the driver may speed away from the accident scene.
    • Panic– Some drivers panic in stressful situations, leading to bad decisions. They might impulsively drive off without considering the serious consequences of their actions.
    • Other legal problems– Sometimes, motorists fear the implications of interacting with the police. Someone already facing criminal charges doesn’t want another incident on their record. Instead of taking their chances, they prefer to flee.

    Hit-and-Run Laws in South Carolina

    According to  SC Code Ann. § 56-5-1210 of the South Carolina Motor Vehicles Code, any driver involved in an accident that results in injuries, fatalities, or damage to vehicles must stop, exchange contact information with the other motorists involved, and render aid to anyone who is injured.

    Injury or Death

    If a driver is involved in a crash that causes an injury or a fatality, the driver must:

    • Stop immediately at the scene or as close to the scene as possible.
    • Remain at the scene until police arrive and provide their name, vehicle registration number, and driver’s license number to the others involved in the accident.
    • Provide reasonable assistance to anyone injured in the collision, including calling an ambulance or arranging medical treatment if it appears necessary or if the injured person requests it.

    A person who flees from the scene to avoid identification can be charged with a misdemeanor or felony if the car accident results in:

    • Injury but not great bodily injury or death– A conviction is punishable by up to one year in jail and up to $5,000 in fines.
    • Great bodily injury– A conviction is punishable by up to 10 years in prison and a maximum of a $10,000 fine.
    • Death– A conviction is punishable by up to 25 years in prison and no more than $25,000 in fines.

    Vehicle Damage

    A driver in an accident that causes damage to an attended vehicle must stop at the scene or as close to it as possible. The driver can leave the scene temporarily to report the crash to law enforcement but must return to give others involved in the accident their name, address, vehicle registration, and driver’s license number. Failing to stop at the crash scene or violating any requirements of this law is a misdemeanor offense. A conviction can result in up to one year in jail, a maximum of $5,000 in fines, or both.

    Unattended Vehicle

    If a motorist collides with an unattended vehicle, they are required to either locate the vehicle’s owner or operator and provide their name and address, or leave a note in a noticeable place on the vehicle with their name, address, and an explanation of the circumstances of the collision.

    How To File an Insurance Claim for a Hit-and-Run Accident

    Filing an insurance claim for a car accident is possible even if the at-fault driver flees the scene. State law requires every motorist to purchase liability insurance with these minimum limits:

    • $25,000 in bodily injury per person
    • $50,000 in bodily injury per accident
    • $25,000 for property damage

    South Carolina law also requires motorists to carry uninsured motorist (UM) coverage equal to the minimum liability coverage. This coverage protects the policyholder if they sustain injuries or property damage in a crash with an uninsured motorist or hit-and-run driver.

    You must fulfill the conditions under SC Code §38-77-140  of the South Carolina Insurance Code to recover compensation from your UM insurer if the driver who caused damage or injury isn’t known.

    You can recover funds from your uninsured motorist insurance policy if:

    • The injury or damage was caused by physical contact with the unknown driver’s vehicle, and someone other than the operator or owner of the insured vehicle witnessed the accident and signed an affidavit swearing to the facts of the crash.
    • You reported the crash, or someone else reported what happened on your behalf to the appropriate authorities within a reasonable time after the accident.
    • You weren’t negligent in failing to obtain the identity of the driver and vehicle at the time of the collision.

    What Should I Do After a Driver Leaves the Scene of a Crash?

    It’s common to be in shock after a car crash. A crash is stressful, especially if the driver who hit you leaves the scene. You can take some immediate steps to protect your legal rights after a hit-and-run accident. You should:

    • Call 911 to report the accident– Summon emergency medical services and law enforcement to the scene. The responding officer will investigate the crash and write an accident report, which can be helpful if you file an insurance claim.taking photos of car accident damage
    • Gather evidence– If other motorists or road users were involved in the hit-and-run accident, get their names, addresses, and phone numbers. If any bystanders witnessed the crash, get their contact information. Take photos of the crash scene, vehicle damage, and visible injuries.
    • Seek medical treatment– If you aren’t taken to the hospital from the accident scene, see a doctor promptly to have your injuries diagnosed and treated. Your medical records could be significant evidence in your claim. Follow your doctor’s instructions and keep all follow-up appointments.
    • Maintain adequate records– You should hold onto every document related to the accident and your injury. It can be helpful to keep a journal to document your symptoms daily. You should indicate whether your symptoms worsen during specific activities or prevent you from completing basic tasks.
    • Contact an attorney– Hit-and-run cases are complex and require legal experience and knowledge that most accident victims don’t have. An experienced North Charleston injury lawyer can handle every detail of the case so that you can focus on recovering from your injuries.

    Who Pays My Compensation After a Hit-and-Run Accident?

    Your uninsured motorist insurer should cover various expenses related to the accident, such as:

    • Damage to your vehicle
    • Medical bills associated with treating your injuries
    • Lost wages if you cannot work while you heal from your injuries

    If the at-fault driver can be located and they are insured, you could file a claim against their liability insurance company, or you could pursue a lawsuit if the insurance company denies your claim. You could seek compensation for the following losses:

    • Pain and suffering
    • Medical expenses
    • Loss of enjoyment of life
    • Emotional distress
    • Lost wages
    • Lost earning capacity

    Talk to a North Charleston Hit-and-Run Accident Lawyer

    If a hit-and-run driver injured you in Berkeley, Colleton, Beaufort, or elsewhere in the Lowcountry, you have legal options for pursuing compensation for your losses. The dedicated team at Joye Law Firm is ready to represent you and fight for the justice you deserve. Call us at (888) 324-3100 for a free consultation with a North Charleston hit-and-run accident lawyer. We can evaluate the details of your case and answer your questions at no cost. Our clients also get our exclusive No Fee Guarantee, which means you won’t owe us any attorney fees unless we recover compensation for you.

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