What is the Hit and Run Investigation Process?

According to data from the National Highway Traffic Safety Administration (NHTSA), South Carolina ranked 17th in the nation for hit-and-run fatalities in 2022. With roughly 4 million hit-and-run accidents taking place in the United States each year, it’s no wonder motorists across the country worry about the potential personal and financial costs associated with these complex cases.

Hit-and-run accidents can be frustrating and uncertain, as injured victims often find themselves struggling to hold responsible parties accountable for their actions. If you’ve been injured in a hit-and-run accident in South Carolina, an experienced car accident attorney may be able to provide the support you need to balance your recovery efforts with the demands of the legal system. Let’s take a closer look at what is typically involved in a hit-and-run investigation and how partnering with an accident attorney – like those at McGowan, Hood, Felder & Phillips, LLC – can help you fight for the justice you deserve.

What is a hit-and-run accident?

As the name would suggest, a hit and run occurs when a driver causes an accident and leaves the scene without providing their contact information. Many hit-and-run accidents involve property damage and it is not uncommon for some of these incidents to also result in personal injury to other parties involved in the crash.

Drivers may flee the scene of an accident for a variety of reasons, including:

• Driving without insurance
• Lacking a valid driver’s license
• Having a suspended license
• Having outstanding warrants
• Being under the influence of drugs or alcohol
• Being under the age of 16
• Not having the financial means to pay for damages or increased insurance premiums
• Fearing criminal charges

Regardless of their reason for fleeing, leaving the scene of an accident is a violation of South Carolina law, which requires all drivers to remain at the scene of an accident and provide their information upon request. Fleeing the scene is a criminal offense that carries serious penalties, particularly if an accident resulted in physical injuries to another person. What’s more, South Carolina law stipulates that anyone involved in a crash that involves personal injuries has a responsibility to render a reasonable amount of aid to the injured party.

What are the consequences of leaving the scene of an accident?

The legal code of South Carolina makes clear that motorists have a responsibility to remain at the scene of a car accident, even if the accident did not result in physical injuries. Failure to comply with this legal obligation can result in serious consequences for motorists. Here’s a brief overview of South Carolina’s legal requirements for drivers involved in car accidents and the consequences of failing to meet them:

• Anyone involved in an accident resulting in at least $1,000 of property damage is required to complete a collision report and return it to the South Carolina Department of Motor Vehicles within 15 days of their accident (if law enforcement did not investigate and already complete a report). Failure to complete this report could result in the suspension of a driver’s registration and/or driving privileges in South Carolina.
• All drivers involved in accidents resulting in property damage are required by law to stop their vehicle at the scene of the accident and provide their name, address, vehicle registration, and – if requested – their driver’s license to the other driver. Failure to comply with these requirements could constitute a misdemeanor crime under South Carolina law punishable by up to one (1) year of imprisonment and fines of up to $5,000.
• All drivers involved in accidents resulting in physical injury to another person are expected to comply with all of the requirements outlined above and must also render aid to any injured persons to the best of their ability. Failure to fulfill these obligations could result in felony charges against the driver and, depending upon the severity of the other party’s injuries, could be punishable by up to 25 years in prison (in cases of death) and fines of up to $25,000.

As you can see, the consequences of leaving the scene of an accident can be life-altering and severe. Subsequently, the best course of action after an accident is always to comply with all legal requirements, gather all pertinent information, and contact law enforcement if necessary to file a detailed report.

How does law enforcement investigate hit-and-run accidents?

If you, unfortunately, find yourself involved in an accident and the other driver chooses to flee the scene, it’s time to get law enforcement involved. In order to hold the other driver accountable for their actions, law enforcement must conduct a thorough investigation to locate and charge the responsible party. Here is a brief overview of how to solve a hit-and-run case in South Carolina:

1. Emergency response/police report

When a driver flees the scene of an accident, the injured party and/or witnesses should immediately call 911 to notify law enforcement. The level of emergency response in these cases typically depends on the severity of the accident, but when physical injuries occur, motorists can typically expect police and emergency medical services to arrive at the scene of the accident. The investigation technically begins the moment 911 is called and law enforcement begins gathering information about the case.

2. Evidence collection at the scene

Once law enforcement arrives at the scene of a crash, they will begin gathering evidence and information to help build their case. Types of information and evidence typically gathered by police include:

• Information about the make, model, and color of the fleeing vehicle
• License plate information if available
• Descriptions of the fleeing driver
• Photographs of damage and debris
• Photos and measurements of skid marks
• Broken vehicle parts or samples of paint transfers
• Eyewitness statements from witnesses, passengers, and the injured driver (if possible)

In our tech-driven age, there may also be digital evidence available to law enforcement. Officers may have access to cell phone images or footage from onlookers, as well as CCTV footage or video from neighboring doorbell and security cameras. Photos and videos can prove vital in ultimately identifying the fleeing driver, and law enforcement officers will want to leave no stone unturned when attempting to gather these pieces of evidence.

3. Forensic analysis

Forensic analysis can provide clues about the other vehicle involved and the person driving it at the time of the accident. Investigators may collect debris or paint found at the scene and compare it to other samples in various databases to identify the make and model of a car. They can also use license plate information (full or partial) to isolate potential matches for the vehicle and cross-reference DMV databases to compile a list of potential suspects. In some cases, law enforcement may choose to publicly release some of the information they gather through forensic analysis to solicit leads for the next steps in their investigation.

4. Follow-up and follow-through

If earlier investigative steps do not give law enforcement enough information to identify their suspect, additional steps might be required to collect new evidence or find new leads. In the days and weeks after a crash, officers may ask local repair shops to report servicing any vehicles that match the description of the car involved in the accident. They may also touch base with local hospitals and medical centers to find out whether any patients matching their suspect description have come in to seek care for injuries consistent with a car crash. Cell phone data can also be analyzed to identify other potential suspects or narrow down lists of existing persons of interest.

Once all of the above investigative steps have been exhausted, law enforcement will typically piece together all of the evidence they have gathered to determine whether they have enough information to question or charge a specific individual in the case.

What if the driver isn’t found?

Despite the best efforts of law enforcement, the sad reality is that not all hit-and-run investigations result in criminal charges against the fleeing driver. While this may not be the result that accident victims and law enforcement hope for, it is still possible for injured victims to seek justice and compensation. In South Carolina drivers are required to carry uninsured motorist (UM) coverage to cover the costs of damages related to a hit-and-run accident.

In these cases, a motorist can file a claim against their UM policy for damages, including:

 

• Hospital bills
• Ongoing medical expenses
• Property damage
• Lost wages
• Decreased capacity to work
• Pain and suffering

Keep in mind that the amount of compensation available to drivers filing UM claims is limited to the amount dictated by their insurance policy. An experienced car accident attorney can help you determine the right hit-and-run procedure for your case and work with you to develop a comprehensive account of all of your accident-related damages.

The role of a car accident attorney in hit-and-run cases

If you’ve been injured in a hit-and-run accident, all of the frustration and uncertainty can be sources of additional stress during a difficult time. That’s why accident victims are encouraged to speak with an experienced car accident attorney about the options that may be available to them under South Carolina law. An experienced attorney can aid in law enforcement investigations, negotiate with insurance companies, and file claims against hit-and-run drivers when they are identified.

Even if a hit-and-run investigation does not immediately yield results, drivers in South Carolina have three years to file a claim in personal injury cases so they may still have legal recourse if a fleeing driver is identified down the line. Experienced attorneys like the team at McGowan, Hood, Felder & Phillips, LLC can help clients take advantage of the options available to them in the immediate aftermath of an accident while laying the foundation for future alternatives, should opportunities present themselves.

If you or a loved one has been injured in a hit-and-run accident in South Carolina,

call McGowan, Hood, Felder & Phillips, LLC today for a free case evaluation. We’re here to talk you through all of your options and help you determine which course of action might yield the best results for your case so you can focus less on the unknowns of your accident and more on your recovery.