Columbia Hit and Run Accident Lawyer

Hit-and-run accidents leave victims with damaged vehicles, serious injuries, and no one to hold accountable. According to the National Highway Traffic Safety Administration, 2,872 people died in hit-and-run crashes across the United States in 2023. Research shows that from 2018 to 2022, over 4 million people were involved in hit-and-run incidents, with one in four pedestrian deaths resulting from these crashes.

In South Carolina, every driver has a mandatory duty to stop, render aid, and exchange information. When drivers flee the scene, they create additional complications for victims seeking compensation. However, South Carolina law provides specific options for recovery even when the at-fault driver cannot be identified. 

At Stewart Law Offices, our Columbia car accident attorneys have over 30 years of experience handling complex hit-and-run cases throughout the Midlands. Whether the fleeing driver is caught or remains unidentified, legal options exist for pursuing the compensation you need.

Critical Steps After a Hit-and-Run Accident

The actions taken immediately after a hit-and-run accident significantly impact the ability to identify the fleeing driver and recover compensation:

• Call 911 immediately – Report the accident to law enforcement. A police report creates the official record required by insurance companies and documents the hit-and-run for potential criminal prosecution.
• Document the Scene – If safe to do so, photograph vehicle damage, debris, skid marks, and the surrounding area. Take time-stamped photos and videos.
• Gather Witness Information – Obtain contact information from anyone who witnessed the accident. Witness statements can be crucial for identifying the fleeing driver.
• Note Vehicle Details – Write down any details about the fleeing vehicle, including make, model, color, license plate number (even partial), distinguishing features, damage, and direction of travel. Memory fades quickly.
• Seek Medical Attention – Go to the emergency room even without obvious injuries. Adrenaline can mask pain, and some injuries have delayed symptoms. Prompt medical care creates important documentation.
• Preserve Evidence – Keep all medical records, repair estimates, photos, and other accident-related documentation.
• Contact an Attorney – Early legal consultation allows for better evidence gathering and protection of legal rights.

Understanding Hit-and-Run Penalties in South Carolina

If law enforcement identifies and arrests the hit-and-run driver, victims face both criminal and civil proceedings:

Criminal Case: The state prosecutes the driver for leaving the scene of an accident. Depending on the severity of injuries, charges range from misdemeanors to felonies. Criminal cases focus on punishment through fines, jail time, and license suspension.

Civil Case: Injury victims file personal injury lawsuits seeking financial compensation for medical bills, lost wages, pain and suffering, and other damages. Because fleeing the scene demonstrates reckless disregard for safety, South Carolina law may allow punitive damages in addition to compensatory damages.

Civil cases can succeed even if criminal charges are dismissed or result in an acquittal. The burden of proof differs between the criminal court (beyond a reasonable doubt) and the civil court (preponderance of the evidence).

For severe injury cases or incidents resulting in death, victims or their families may pursue wrongful death claims in addition to personal injury actions.

Recovering Compensation When the Driver Remains Unidentified

Many hit-and-run drivers are never identified. However, South Carolina law treats unidentified hit-and-run drivers as uninsured motorists, triggering your own uninsured motorist (UM) coverage.

But insurers will fight to deny it. We know how to prove your claim:

UM coverage can provide compensation for victims of hit-and-run accidents, covering various damages, including:

• Medical expenses
• Lost wages and reduced earning capacity
• Property damage
• Pain and suffering
• Permanent disability or disfigurement

Key Requirements for Uninsured Motorist Claims in South Carolina

South Carolina insurance law establishes strict evidential requirements that must be met to activate UM coverage following a hit-and-run accident:

• For Physical Contact Accidents: Claimants must present physical evidence, such as paint transfer, vehicle debris, or other proof confirming contact between the vehicles.
• For No-Contact Accidents: If the at-fault driver forced you off the road without physical contact, an affidavit from a witness is required to corroborate the details of the accident.

Insurance companies frequently deny UM claims based on technical requirements. An experienced Columbia car accident attorney understands how to gather the necessary evidence and counter insurer tactics to secure the UM benefits you are owed successfully.

Visit Our Hit and Run Accident Lawyers in Columbia

Common Injuries in Hit-and-Run Accidents

Hit-and-run crashes cause the same serious injuries as other car accidents, but victims often face delayed medical treatment because of the chaos following the incident. Common injuries include:

• Traumatic Brain Injuries: Concussions, skull fractures, and permanent brain damage affecting memory, cognition, and personality.
• Spinal Cord Injuries: Damage resulting in partial or complete paralysis, requiring extensive rehabilitation and lifetime care.
• Broken Bones: Fractures ranging from simple breaks to complex compound fractures requiring surgery.
• Internal Injuries: Organ damage, internal bleeding, and other life-threatening conditions.
• Soft Tissue Injuries: Whiplash, sprains, strains, and ligament damage, causing chronic pain.
• Lacerations and Scarring: Deep cuts requiring stitches and leaving permanent scars.
• Emotional Trauma: Post-traumatic stress disorder, anxiety, and depression following the accident and the trauma of being abandoned.

Time Limits for Hit-and-Run Claims

While South Carolina law allows injury victims up to three years from the accident date to file a personal injury lawsuit, immediate action is crucial in hit-and-run cases.

Delaying legal consultation can be detrimental because:

• Surveillance footage is often recorded over within days or weeks.
• Witnesses may move away or forget vital information.
• Physical evidence can quickly deteriorate.
• Insurance companies start building their defense right away.

Consulting a lawyer promptly is essential for better preservation of evidence and stronger case preparation.

How Our Hit and Run Accident Attorneys Can Help

Hit-and-run accidents create unique legal and practical challenges for victims. Whether the fleeing driver is identified or remains unknown, South Carolina law provides options for pursuing compensation. At Stewart Law Offices, our Columbia car accident lawyers have the experience and resources to handle complex hit-and-run cases. We investigate thoroughly, fight insurance company denials, and pursue all available compensation sources.