Charleston Hit and Run Accident Lawyer

HOFFMAN LAW FIRM

In the U.S., more than one hit and run wreck occurs every minute. If the at-fault driver fled the scene of your wreck, our hit and run lawyers can help. At Hoffman Law Firm, our team is committed to ensuring justice is done – and this starts with holding the driver accountable for their actions.

If you have been injured in a hit and run collision in Charleston, Georgetown, or anywhere else in South Carolina, our car accident lawyers are here to help. Our personal injury law firm has extensive experience handling cases just like yours. Plus, our team has a thorough understanding of South Carolina law and how it specifically affects your case.

While out-of-state, national law firms make extravagant claims about their success, they don’t bother to claim a personal connection to their clients or the communities they call home. Hoffman Law Firm knows each one of our clients, and more importantly, they know us.

We pride ourselves on offering open communication and establishing a trusted attorney-client relationship. Our clients have access to their dedicated attorney when they need it most – along with the assurance that this same attorney will walk beside them each step of the way.

To get started, schedule your free consultation!

What is a Hit and Run?

A hit and run wreck may involve a dangerous driver and a speedy getaway, with the at-fault driver fleeing the scene before authorities arrive. But this is not always the case. In fact, many hit and run collisions occur in parking lots when a driver accidently hits a stationary vehicle and then drives away. 

While the at-fault driver is required to remain on the scene, an exception exists in these scenarios: If no one is around, the driver may leave a note with their contact and insurance information. They must also file a police report. If these steps are followed, the accident is not legally considered a hit and run.

I’m a Victim of a Hit and Run Accident. What Do I Do Next? 

If you have been involved in a hit and run, follow these steps – depending on whether or not you were present at the time of the incident.

Victim Present to Witness Accident

If you saw the accident occur, call the police right away and remain on the scene until they arrive. The officer will ask more about the incident before filing the collision report.

Even if you do not require emergency medical care, be sure to visit your doctor as soon as possible. It is best to get checked out – especially if you plan to pursue legal action. Even if you don’t, keep in mind that serious medical issues may be disguised as minor symptoms. They may worsen over time, so don’t skip a visit to your doctor!

Filing a collision claim can be especially tricky if you do not have any of the other driver’s information. That’s where an experienced hit and run lawyer comes in! Our team can provide helpful legal advice as you move forward and handle all communication with the insurance company.

Victim Wasn’t Present During Accident 

If you were not there when the collision happened, try to find someone who witnessed the accident. Collisions like this often occur in parking lots when the vehicle owner is inside a store, business, etc. Ask around to see if anyone was present at the time of the accident and can provide any details.

It is also important to have the police document the hit and run collision, so call them immediately. They can help kick off the investigation and document the details.

Contacting an attorney with experience handling hit and run accidents is crucial as well. Without any information about the at-fault driver, you may think that you’re out of luck. But our car wreck lawyers can help! We’ll do all we can to track down the at-fault driver and recover the damages you deserve.

Common Hit and Run Statistics

Hit and run wrecks may occur more often than you think. Check out these shocking statistics:

  • More than one hit and run accident occurs every minute in the U.S.
  • On average, there are 682,000 hit and run accidents annually.
  • New Mexico, Louisiana, and Florida have the highest hit and run fatality rates per capita.
  • 20% of pedestrian deaths in the last decade resulted from hit and run accidents.
Debunking Myths About Hit and Run Accidents

Myth: Chances of finding the hit and run driver are slim.
Fact: On average, most hit and run drivers are located and held accountable for their actions. Any information you can provide law enforcement officers is helpful, such as the vehicle’s make, model, and color. Even partial license plate numbers can provide an advantage. Witnesses to the hit and run accident may be able to offer up some details as well. Plus, security cameras are often used when the time and location of the car accident is known.

Myth: I have to pay out of pocket for my hit and run expenses.
Fact: If the hit and run driver is not caught, your insurance company may pay compensation for your auto claim. There are two types of coverages that can help in this scenario: Uninsured Motorist coverage and Medical Payment (MedPay) coverage. Uninsured Motorist coverage provides payment for medical expenses and vehicle repairs, while MedPay covers out-of-pocket expenses while you wait for your Uninsured Motorist claim settlement to arrive.

Myth: It is impossible to prove a hit and run. 
Fact: Hit and run lawyers are experienced in handling cases like yours, and here at Hoffman Law Firm, we have a proven record of results. If you have been injured in a hit and run accident, contact a team you trust to provide legal representation.

What is the South Carolina Statute of Limitation on Hit and Run Accidents?

3 YEARS

Like other car wreck cases, hit and runs have a three-year statute of limitations here in the Palmetto State. That means that you have three years from the date of your wreck to file an auto claim.

Common Consequences for Drivers Who Leave Hit and Run Accidents

Drivers who flee a collision scene may face the following:

  • Leaving the scene where there are injuries is a felony in some states, carrying the penalty of fines of $5,000 to $20,000 and possible jail time
  • A hit and run accident is a misdemeanor in other instances, with fines up to $5,000
  • Suspension or revocation of the at-fault driver’s license for six months to three years is possible, or a lifetime revocation for a serious hit and run accident
  • Increased insurance rates
  • Potential lawsuits to compensate the car accident victim for medical bills, lost wages, and property damages
South Carolina Hit and Run Laws & Penalties 

Check out some common penalties for hit and run accidents in South Carolina:

  • Leaving the scene of an accident with property damage (fence, mailbox, etc.): A misdemeanor punishable by a maximum jail time of 30 days and a fine of up to $100. 
  • Leaving the scene of an accident with damage to unoccupied vehicles: A misdemeanor that carries a jail term of up to 30 days and a maximum fine of up to $100. 
  • Leaving the scene of an accident with damage to attended vehicles:A misdemeanor that is punishable by a maximum jail sentence of one year and a fine of up to $5,000. 
  • Leaving the scene of an accident with minor injuries:A misdemeanor that is punishable by a jail sentence of up to one year and a maximum fine of $5,000. 
  • Leaving the scene of an accident with serious injuries:A felony that carries imprisonment for up to 10 years and a maximum fine of $10,000. 
  • Leaving the scene of a fatal accident: A felony that is punishable by imprisonment for up to 25 years and a maximum fine of $25,000. 
Common Hit and Run Injuries

Drivers who flee a collision scene may face the following:

  • Brain trauma
  • Loss of limbs (in extreme cases)
  • Burns
  • Neck damage (including whiplash)
  • Internal bleeding
  • Broken bones
Common Causes of Hit and Run Accidents

Drunk Driver
To avoid a DUI conviction, drivers under the influence of drugs or alcohol may flee the collision scene. Some at-fault drivers turn themselves in once they sober up, especially if witnesses or video footage provide strong evidence against them.

Uninsured Driver
Drivers who do not carry state-mandated car insurance may leave the scene illegally for fear of facing criminal charges or fines.

Driver with Outstanding Warrants or Previous Tickets
A driver might flee the scene of the crash if there are outstanding warrants for their arrest. Someone with other moving violations on their driving record may also leave the scene to avoid additional points on their license and increased insurance rates.

Driver with Other Legal Problems
A driver who fears interaction with law enforcement may flee the collision scene. This includes people who are on parole, are not legal citizens, etc.

Panicked Driver
In some cases, the driver simply panics. Their “fight or flight” response kicks in, causing them to flee the scene. Once they calm down – or realize that chances are high that they will be caught – the driver may turn themselves in.

Driver Negligence or Error
Driver negligence or error is a common cause of car wrecks in the Palmetto State, with these behaviors often resulting in wrecks:

  • Tailgating or speeding: Impatient drivers present a major threat to others. When in a hurry, they take risks on the road, such as driving too quickly or too close to the car in front of them.
  • Failure to focus on other drivers: Whether they are engrossed in a great podcast or playlist, many drivers do not pay enough attention to their surroundings.
  • Distracted driving: Texting and driving, in particular, boosts the risk of auto wrecks. Other forms of distraction that take your eyes or attention off the road, such as eating or applying make-up, pose a major threat as well.
Damages You Can Recover After a Hit and Run

Drivers who flee a collision scene may face the following:

  • Medical bills
  • Property damages
  • Lost wages and benefits
  • Diminished earning capacity
  • Pain and suffering
  • Other intangible damages
  • Miscellaneous related expenses
What If the Hit and Run Driver Is Found and Is an Uninsured Driver? 

If you are a responsible driver and carry the state’s minimum insurance requirements, then you are protected from hit and run drivers through uninsured motorist coverage.

Your insurance policy will cover the following if the at-fault driver is uninsured:

  • Medical expenses
  • Lost wages
  • Pain and suffering
What Do I Do If I Hit an Animal?

If you hit an animal, stop driving and move your vehicle out of the road. Turn on your hazard lights to warn other drivers that you are stopped. While not necessary for rodents and small wild animals like squirrels, we recommend calling the police if you hit a larger animal – especially if the collision caused vehicle damage. Keep in mind that injured animals act unpredictably and may be dangerous. Maintain a safe distance while documenting the accident scene. Take photos of the animal as well as any damage to your vehicle. These photos will be important as your hit and run accident lawyer files your auto claim.

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Meet Your Attorneys

Our experienced personal injury team is proud to serve the Lowcountry, offering trusted legal representation right here at home. Committed to securing the compensation our friends and neighbors deserve, our personal injury attorneys will walk beside you each step of the way. 

From filing your claim to communicating with the insurance company, we handle your entire claim for you. Get in touch for trusted legal advice and schedule your free consultation today!

Attorney David Hoffman built Hoffman Law Firm from the ground up, relying solely on his own legal skills, tireless work ethic and natural people skills to gain clients' trust and establish a track record of success. After graduating from The Citadel in 1991, David received his law degree from the University of Florida at Gainesville in 1997.

Attorney
David L.
Hoffman

Attorney Matt Cook became part of the Hoffman Law team after practicing law in the Midlands for more than a decade. He graduated from the University of South Carolina and always knew he eventually wanted to return to the Lowcountry, where he was raised. Matt appreciates the Hoffman Law philosophy because the attorneys share his values including communication, respect, compassion, and availability to clients.

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Matthew R.
Cook

From her earliest days in law school, Attorney Amanda Stearns knew she wanted to be a trial lawyer. Determined to finish law school quickly so that she could pursue her dream of fighting for justice, Amanda graduated a semester early from the University of South Carolina School of Law.

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Amanda R.
Stearns

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About Charleston, SC

As the oldest city in the Palmetto State, Charleston’s rich history spans centuries. It was officially established in 1670 by English colonists, later becoming a major trade hub. Our beautiful city also played a pivotal role in the Civil War, with Fort Sumter becoming the site of the first shots fired. Fort Sumter is just one notable stop of history buffs’ tour – and there are plenty more Lowcountry landmarks worth checking out!

Charleston’s thriving cultural scene offers endless opportunities to enjoy art, music, theater, architecture and more. Combined with the incredible cuisine found here, it’s no wonder that tourists flock from all over the world to explore the city we are lucky enough to call home!

Hit and Run FAQS

Is a hit and run a felony?

A hit and run is a serious offense – which is why our car accident lawyers work hard to hold at-fault drivers accountable. Here in South Carolina, drivers who leave the accident scene may be charged with a misdemeanor or felony, depending on the extent of injuries. If the accident results in severe bodily injury or death, the driver will likely face felony charges.

What evidence is needed to convict a hit and run?

Photo evidence can help strengthen your auto claim, so be sure to take pictures of the accident scene if it is safe to do so. Act quickly to preserve evidence, and if the driver has not yet fled the scene, snap photos of their license plate, vehicle make/model, or any other identifying features. If the driver leaves the scene before you can do this, take photos of your vehicle’s damage and the surrounding area. Eyewitness statements can also be helpful, so check to see if anyone saw what happened – and get their contact information if they are willing to help.

Does auto insurance cover a hit and run?

Unlike typical car accident cases, if the driver is unidentifiable, you cannot file an auto claim with their insurance company. Instead, a claim will be filed with your insurance company. Depending on policy and state requirements, the following coverages may help pay for medical bills and vehicle repairs: 

  • Collision
  • Uninsured motorist property damage (UMPD)
  • Uninsured motorist bodily injury (UMBI)
  • Personal injury protection (PIP)
  • Medical payments (Med Pay)

How do I file a hit and run report? 

Be sure to report the accident to the police immediately. Provide the police with any details that may help identify the driver who hit you.

How long after a hit and run will the police contact me?

It depends on how much evidence there is. It could take anywhere from a few hours to a few months to identify the driver. 

Do police investigate minor hit and run accidents?

Because a hit and run is a crime, the police will typically launch an official investigation. Regardless of the accident’s severity, law enforcement will work to find the person who hit you and hold them accountable.

Will a hit and run accident raise my auto insurance payments?

Because rates are based on state law and your insurance company’s specific guidelines, this answer varies. If you are the victim of a hit and run, your rates will likely remain the same.

Does liability cover hit and run accidents?

Collision coverage helps pay vehicle repairs, regardless of fault. If the driver who hit you cannot be found, you may still file an auto claim with your insurance company. Keep in mind that collision coverage has a deductible, the out-of-pocket portion that you are responsible for paying – even if the accident was not your fault. If the at-fault driver is identified and insured, their insurance company may reimburse you for the deductible paid.

Does Uninsured Motorist insurance cover hit and run accidents?

Yes. If the at-fault driver cannot be identified, you may file an auto claim with your insurance company. In some states, Uninsured Motorist coverage for property damage (UMPD) will not cover hit-and-run incidents, but Collision coverage will.

How many South Carolina hit and run accidents occur each year?

In 2019, the Palmetto State reported 3,836 hit-and-run accidents – about 2.7% of all vehicle collisions. 

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