Greenville Hit & Run Accident Lawyer

Any type of car accident is even worse when the other driver breaks the law and does not remain at the scene of the accident.

Not only may you not get accountability, but you do not have access to their insurance policy.

You will need a local car accident lawyer for these cases because there is still a possible financial recovery for you.

Jordan Law Center can represent you in a hit-and-run accident case in Greenville. Reach out to us today to schedule a free initial consultation to discuss your case.

Common Types of Hit-and-Run Accidents in South Carolina

Hit and run accidents in South Carolina can be grouped in several ways:

How the accident occurs

Hit-and-run accidents can involve various scenarios. One common type of rear-end collision is when one driver crashes into the back of another. In other cases, a driver may sideswipe another vehicle while traveling in the same direction. There are cases where a driver may strike an unattended vehicle and then leave the scene.

Vehicles involved

These accidents may involve two or more vehicles, but a hit-and-run can also occur when a driver strikes a parked vehicle or objects located near the road.

The reasons people hit and run

Another way to classify hit-and-run accidents is by the reasons they occur. There are numerous reasons that a driver may choose to break the law by leaving the scene of an accident. A driver may flee the scene because of intoxication, an outstanding warrant, or a lack of insurance. They may also believe that receiving a traffic ticket will upset family members.

Why Do Drivers Flee the Scene?

Although it is strictly illegal, drivers have a number of motivations for leaving the scene of the accident, including:

• Being worried about having to bear the financial costs of the crash
• Fear of getting in trouble for the accident
• Worries that there may be a warrant out for their arrest
• Concerns over their immigration status
• Simply panicking after being involved in a traumatic incident
• They did not follow the law and procure auto insurance

No matter the reason, the other driver’s decision to violate the law could have financial impacts on you.

What to Do After a Hit and Run Accident

You need to remain on the scene of the accident. Do not try to chase down the driver yourself.

First, it is your obligation under South Carolina state law to stay at an accident scene where there has been property damage until law enforcement arrives. Second, you will need the police report to demonstrate to your own insurance company that you were the victim of a hit and run accident.

Police may or may not perform a detailed investigation to catch the other driver. They would be less inclined to expend significant resources if there was not a serious injury.

It may fall on you to try to perform an investigation to find the responsible driver. Your motivation is having another insurance policy against which you can file a claim.

It would be very difficult for you to work by yourself to get more clues, especially when you are dealing with injuries of your own. When you hire an experienced hit and run accident lawyer from our firm, we could perform further investigation to potentially catch the responsible driver.

How Your Lawyer Would Investigate Your Accident

Here are some steps that we may take at Jordan Law Center to help catch the responsible driver:

• Speak to eyewitnesses who may have information about the car involved in the accident
• Contact nearby homes and businesses to learn if people saw the accident
• Contact nearby body shops to see if there are repair jobs that may match the description of the car involved in your accident
• Review video camera footage in the area (including getting access to traffic camera footage)

In some cases, you may already be working with a partial set of clues that could give your lawyer some help. In either event, leave the investigation to the resources of your attorney.

South Carolina Hit-and-Run Laws and Penalties

There are several South Carolina hit-and-run laws, and the law that applies and potential penalties depend on the circumstances of the crash.

No injuries, vehicle damage only – S.C. Code § 56-5-1220

If no one is injured, but there is vehicle damage, hit-and-run is a misdemeanor punishable by up to one year in jail and a $100-$5,000 fine.

Injury – S.C. Code § 56-5-1210

When the crash results in injury but not great bodily injury, a hit-and-run is a misdemeanor punishable by 30 days to one year in jail and a $100-$5,000 fine.

Great bodily injury – S.C. Code § 56-5-12

When great bodily injury occurs, a hit-and-run is a felony punishable by 30 days to 10 years in prison and a $5,000-$10,000 fine.

Death – S.C. Code § 56-5-12

When a crash results in death, hit-and-run is a felony punishable by one to 25 years in prison and a $10,000 to $25,000 fine.

Hitting a vehicle with no one in it – S.C. Code § 56-5-1240

If a driver strikes an unattended vehicle, they must stop and locate the owner or leave a note in a conspicuous place.

Striking roadside fixtures – S.C. Code § 56-5-1250

If a driver strikes roadside fixtures, they must take reasonable steps to locate the owner. They must provide the owner with the required information and report the collision to the Department of Motor Vehicles.

How You Can Get Compensation for a Hit and Run in Greenville

Under South Carolina law, your car insurance company is required to offer you uninsured and underinsured motorist coverage as part of your own insurance policy. This coverage is meant to protect you from situations like this, and it shifts some of the risk to your own insurance company, which must then pay your damages.

You would be able to file a claim against your own insurance policy. The same legal rules apply to your case, in that you need to prove that someone else was to blame for the accident before you can be offered a settlement. You would then need to negotiate a settlement with your own insurance company. You could be paid up to your own policy limit for the damages that you have suffered.

Don’t ever make the mistake of thinking that your insurance company is really “yours.” That thinking implies that the insurance company, which you’ve been paying your premiums, has your back. In reality, they do not.

Their financial considerations are the same — they want to pad their own profits at your expense, paying you as little as possible for your claim. You may need to fight your own insurance company the same way that you would have to go to bat against the other driver’s.

If you are eventually able to locate the responsible driver, you can still file a claim against their coverage. Your insurance company could be reimbursed. Alternatively, you could qualify for damages that were over and above your own policy limit.

Hit and Run Accident Compensation

Once you are able to demonstrate your entitlement to compensation, you must agree on the actual settlement. You can be paid for the following elements of your damages:

• Medical bills
• Property damage
• Lost wages
• Pain and suffering
• Loss of enjoyment of life
• Scarring and disfigurement
• Embarrassment and humiliation

It is up to you to know how much your claim is worth and to successfully negotiate a settlement. It is difficult to make that happen without a lawyer.

Why Hit-and-Run Claims Can Be More Complicated Than Other Crashes

Hit-and-run claims can be complicated. If the driver is never located, you won’t have their insurance to provide compensation. You also won’t have the benefit of taking photos of the vehicle or getting statements from passengers. This makes it more challenging to prove negligence.

If the driver is found, fleeing the scene may be the basis to claim punitive damages. In South Carolina, claiming punitive damages requires a different burden of proof than proving negligence. This additional requirement can make a case more complex.

What Evidence Helps Prove a Hit-and-Run Claim?

Evidence to help prove a hit-and-run claim may include:

•       Dash cam and video surveillance videos
•       Body shop records
•       Photos of damage to vehicles
•       Paint left on either vehicle
•       Accident reconstruction
•       Your own witness testimony, testimony from bystanders, and others in your vehicle
•       Medical records, other records of loss

Only eight to ten percent of hit-and-run cases are solved. If the offender is caught, you may pursue compensation from them personally or through their insurance. Even if they’re not identified, you may receive compensation through your own insurance. Your uninsured motorist coverage may apply up to policy limits.

How the Jordan Law Center Can Help

Our personal injury legal team can handle your case from start to finish, taking care of all the details, including:

• Gathering evidence about the accident itself that can prove fault
• Attempting to locate the responsible driver
• Dealing with your insurance company (and the other driver’s if you eventually locate them)
• Estimating the value of your claim
• Negotiating a settlement agreement on your behalf

Your own effectiveness in any legal process is limited under the best of circumstances, and certainly when you are dealing with car accident injuries. Let us help.

Contact a Greenville Hit and Run Accident Attorney Today

No matter what type of car accident you have been involved in, you need legal assistance.

Jordan Law Center will work to get you the highest possible compensation that you deserve for your injuries sustained in a hit and run. Call us today at 864-808-1810 or message us online to schedule your free initial consultation. Remember — we are only paid when you are paid.

Hit-and-Run Accident FAQs

If there are criminal charges against the fleeing driver, do I still need a Greenville hit-and-run lawyer?

Yes. The purpose of a criminal hit-and-run charge is to hold the offender accountable to society. While the court may order limited restitution, that’s not the primary focus of the case. Additionally, a criminal case cannot require compensation from your own uninsured motorist policy, which is often how hit-and-run victims obtain compensation.

A civil claim is the way to claim full compensation as a hit-and-run victim. An attorney can represent you.

Do you represent pedestrian hit-and-run victims?

Yes. Many hit-and-run accident victims are pedestrians.

How do you start a hit-and-run case?

Formally initiating a hit-and-run case involves filing documents in court. However,  before doing so, it’s important to investigate whether the driver can be located, what insurance policies apply, and the basis for the claim. In some instances, a case can be resolved directly through insurance, while in others, it’s necessary to take your case to court.

When should I contact a lawyer after a hit-and-run?

Contact a lawyer as soon as possible if you’re the victim of a hit-and-run. Talking to the insurance company is not enough to protect your rights. A lawyer can advocate for you with the insurance company and make sure to file your claim before time runs out.

What is my hit-and-run claim worth?

The value of your claim depends on several factors, including damages and insurance policy limits. Jordan Law Center can provide you with a personalized consultation.