A hit and run accident in South Carolina can be a serious offense for both minor and adult drivers. There are several instances in which leaving the scene of an accident will incur penalties and fines.
In nearly all instances in which an operator of a motor vehicle strikes someone, or something, they are required to notify law enforcement. If a person is injured, they are required to stop and render aid. In the case of property damage, they are required to notify the owner of the property. Some of the applicable laws are stated below:
Striking Fixtures on or Next to the Highway
Under South Carolina Code Section 56-5-1250, a driver striking a fixture upon or adjacent to the highway must take reasonable steps to notify the owner and provide identifying information to the owner. Failure to do so can result in a misdemeanor conviction.
Striking an Unattended Vehicle
56-5-1240 provides if a driver strikes an unattended vehicle, the driver must first try to locate the owner. If this cannot be accomplished, the driver must leave a note in a conspicuous area of the vehicle, with the driver’s name, address and vehicle registration information. Failure to do so is a misdemeanor.
Striking an Attended Vehicle
56-5-1220 requires a driver who strikes an attended vehicle to stop as close as possible to the collision scene as is safe. If the vehicle can be moved off the road to prevent congestion of traffic, the driver is permitted to do so. The driver may only leave the scene of the accident temporarily to report it to law enforcement. Failing to comply with the statute is a misdemeanor.
Striking a Vehicle or Person and Causing Injury or Death
56-5-1220 provides a duty to stop when a collision occurs and causes bodily injury or death to another. Leaving the scene of an accident in these cases (except to report to law enforcement) is a misdemeanor if injury is involved or a felony if great bodily injury or death is involved.
Penalties
• If a misdemeanor conviction occurs, the minor driver can face a minimum of 30 days of jail time, or up to a year. The fine can range between $100 and $5000;
• If a felony conviction is given but death does not result, the minor driver can face a prison sentence of between 1 and 10 years, and pay a fine between $5,000 and $10,000;
• If a felony conviction is given and death resulted, the minor can face a sentence of between 1 and 25 years and a fine of between $10,000 and $25,000.
• In each of the situations, the driver is subject to suspension of driving privileges. In felony situations, the driver is subject to revocation of driving privileges.
It is important to keep in mind that the penalties states are only for the offense of hit and run, and are in addition to any penalties that may be given for offenses such as reckless driving or driving under the influence. Minors with a misdemeanor or a felony conviction on their records are often required to report the convictions when applying to college or trade school, on most employment applications and in applications for professional licenses.
