Generally, law enforcement investigators don’t take a closer look at hit-and-run wrecks. They often quickly pull the plug on these investigations, which is why only about 10 percent of hit-and-run drivers are successfully prosecuted in criminal court. In fact, in most cases, prosecutors don’t even file charges in these cases. There are so many hurdles to overcome that most investigators quickly move on to other matters. Furthermore, even if police investigators do solve the case, that resolution usually does nothing to compensate the victim of that crash.
A Columbia hit-and-run accident attorney stands in the gap. Unlike police investigators, private attorneys do not give up. Instead, our team doesn’t stop until we obtain the best possible result under the circumstances. This result usually includes compensation for economic losses, such as medical bills, and non-economic losses, such as pain and suffering. Moreover, a Columbia personal injury lawyer obtains justice and closure for victims.
Why Do Drivers Leave the Scene of an Accident?
A small number of hit-and-run accident cases are quickly resolved when a driver returns to the scene or calls to report the accident, stating that they left the scene due to fear, panic, or the fight-or-flight response. Unfortunately, however, most hit-and-run drivers leave the scene for unlawful reasons, such as the following:
- They are driving without a valid license
- They lack insurance
- They are impaired by alcohol or drugs and want to avoid a DUI arrest
- There is an existing warrant for their arrest
- They are in possession of illegal drugs, weapons, or stolen merchandise
- They are illegal immigrants
- They are driving a stolen vehicle
In some cases, a driver leaves the scene of an accident because they fear criminal charges if they’ve caused serious injuries or a fatality due to reckless or aggressive driving or road rage.
What Types of Car Accidents Result In Hit and Runs?
A driver with reason to avoid the police may leave the scene of any accident, even a minor fender bender; however, leaving the scene of an accident with injuries is particularly egregious. Common types of serious car accidents from which drivers sometimes flee include the following:
- T-bone accidents (broadside collisions or angle accidents) caused by their failure to yield the right of way or intentionally running a red light or stop sign
- Rear-end collisions caused by tailgating
- Accidents caused by an unsafe lane change
- Distracted driving accidents
- Head-on collisions
- Forced roadway departures
- Multi-car pileup accidents
Hit-and-run drivers who injure pedestrians, bicyclists, and motorcyclists also often leave the scene of the accident.
The Challenges of Solving Hit-And-Run Accident Cases
Law enforcement investigators don’t spend much time on hit-and-runs mostly because the burden of proof (beyond any reasonable doubt) is so high in criminal court. Typically, to meet this burden of proof, a credible eyewitness must have gotten a very good look at the driver or the defendant must voluntarily and legally confess. These things don’t happen very often.
Hit-and-run collisions usually happen very quickly and often at night. Furthermore, there is very rarely a trail of breadcrumbs, like an oil or fuel leak, that leads directly to the defendant’s car. Even if such a trail exists, the defendant must waive his/her rights and give a statement to investigators.
How Long Should I Wait for the Police to Identify a Hit-and-Run Driver?
The timing of a car accident claim is essential. Your claim must be filed within the state’s three-year statute of limitations for car accident litigation in court. South Carolina’s statute of limitations for car accident cases is three years from the date of the accident. It’s also important to file a claim while evidence of the accident and your damages is still available, and eyewitness testimony remains reliable. It’s not always advisable to wait unless the police are actively pursuing the case. The amount of time before a hit-and-run driver is identified depends on the following:
- The severity of the accident, for instance, the police may spend more time investigating a hit-and-run accident if it resulted in a fatality
- Whether or not the accident victim or eyewitness obtained evidence, such as photographs of the vehicle, driver, or a license number
- Whether or not the police have adequate resources for the investigation, or prefer to save their resources for violent crime investigation
- The accident’s location and whether there is footage available from traffic cameras or nearby security cameras
- Whether or not the hit-and-run driver takes action to hide their identity after the accident
An experienced hit-and-run accident lawyer helps an injury victim assess their options, including how long to wait for an investigation to identify an at-fault driver or to pursue other options for compensation once the full scope of their damages is clear.
Trust Our Hard-Working Car Accident Lawyers
Injury victims are entitled to significant compensation. For a free consultation with an experienced car accident injury lawyer in Columbia, contact the Marc Brown Law Firm. Virtual, home, and hospital visits are available across our South Carolina offices.
For experienced Columbia car accident legal help, contact our Richland County office today. We also represent car accident victims in Orangeburg and have significant experience in Sumter County car accident cases.
What to Do After a Hit-and-Run Accident In South Carolina
A car accident is a terrifying experience. Seeing the other driver involved flee the scene adds to the shock and trauma. A severely injured or incapacitated victim may be unable to take any purposeful action, but if an accident victim or an uninjured companion can use a cell phone at the accident scene, it becomes an essential tool. After an accident, try using your phone to do the following:
- Take photos of the other car as it’s leaving the scene, especially the license number, the driver, and any identifying features of the vehicle
- Call 911 to report the accident
- Describe the type and color of the car and the direction the driver was heading
- Apply any emergency first aid while you wait for help
- Take photos of the damaged vehicle and the accident scene
- Photograph any visible injuries
- Record a statement about what you remember about the moments leading up to the accident, the other vehicle and driver, and what occurred immediately after the hit-and-run when the driver left the scene
Recording your memory of the accident can be critical because serious trauma often fades the memory later. If there are any eyewitnesses to the accident present, add their contact information to your phone for future reference. Eyewitnesses sometimes provide key evidence in hit-and-run accident cases.
Always go to a hospital immediately after an accident, either by ambulance or by arranging transportation. Undergo a complete medical assessment as well as treatment for your emergency injuries. A thorough medical evaluation sometimes identifies injuries with delayed symptom presentation. Your medical report provides critical evidence of your damages.
Be sure to carefully follow your doctor’s orders. Disregarding medical treatment instructions sometimes results in an insurance company denying a claim.
Criminal vs. Civil Court
In contrast, in South Carolina Civil Court, a personal injury attorney must only prove facts by a preponderance of the evidence, or more likely than not. That’s a much lower burden of proof.
Assume an eyewitness says the hit-and-run driver was in a blue sedan. A few blocks away, a blue sedan with front-end damage passes by a traffic camera. The camera records the sedan’s license plate number.
This evidence is much too flimsy to hold up in criminal court. In fact, prosecutors probably wouldn’t even file charges in such a case.
However, it’s more likely than not that the hit-and-run sedan and the camera sedan were the same vehicle. It’s also more likely than not that the vehicle’s owner was behind the wheel at the time.
What Are My Options for Compensation After a Hit-and-Run Accident?
Car accident damages escalate quickly after the crash, with medical bills piling up at the same time that you may be unable to return to work. These are the “damages” in an accident claim. Most car accidents result in damages like medical expenses, out-of-pocket costs, lost earnings, future income loss, and compensation for pain and suffering. Obtaining this compensation is especially challenging following a hit-and-run incident. Under South Carolina’s modified comparative negligence accident laws, the party responsible for the accident is liable for the damages, and an injury victim can recover compensation as long as they are less than 51% at fault. When the driver who caused the accident leaves the scene unidentified, it’s not possible to hold them liable unless they are later apprehended and have valid insurance or significant personal resources. Otherwise, an accident victim’s attorney must pursue other options to obtain compensation.
Making Claims for Hit-and-Run Accident Damages From Other Insurance Policies
South Carolina requires drivers to carry uninsured/underinsured motorist coverage. This coverage not only protects a North Carolina car accident victim if the driver who causes their accident lacks insurance or has inadequate coverage, but it also covers hit-and-run injury damages. A claim against this policy could help recover accident-related losses.
Many drivers have PIP (personal injury protection) insurance. The premium is generally low, and the coverage limit is usually high. If that’s the case, hit-and-run victims could file claims with their own insurance companies and receive compensation for their economic losses. That’s not as much compensation as an attorney could obtain in court. But it’s certainly better than nothing.
In some cases, other entities may have caused or contributed to the accident, such as a negligent road maintenance agency, a road planning agency that designed a dangerous intersection, a third-party driver, or the manufacturer of a defective auto part. Depending on the results of the investigation, your attorney could pursue other avenues for your compensation.
Reach out to the legal team at Marc Brown Law Firm today for a 100% free, no-cost consultation to discuss your case and circumstances.