Being involved in a car accident can be stressful and confusing, but leaving the scene—whether intentionally or due to panic—can lead to serious legal consequences in South Carolina. Many drivers assume that fault determines their legal obligations, but this is not the case.
Important Note: Fault Does NOT Matter
Even if the other driver was at fault, you are still legally required to stop, exchange information, and follow South Carolina’s accident reporting laws. Failing to do so, regardless of who caused the accident, can result in criminal charges.
The Law Office of James R. Snell, Jr., LLC, represents clients accused of leaving the scene offenses in Lexington, Columbia, and surrounding areas of South Carolina. We offer free consultations by calling (803) 359-3301. We have over twenty years of experience in defending misdemeanor and felony leaving the scene offenses. We also represent clients who are charged with other offenses along with leaving the scene, such as DUI, driving without insurance, driving under suspension, or habitual offender criminal violations. We recommend that anyone charged with a leaving the scene or other criminal offense contact us as soon as possible for a free consultation.
1. Leaving the Scene of an Accident Involving an Attended Vehicle (SC Code § 56-5-1220(A))
If a driver is involved in an accident that results only in damage to another vehicle that was attended (meaning a driver or passenger was inside at the time of the accident), they are required to: stop immediately at the scene or as close as possible, remain at the scene until they have exchanged information as required by SC Code § 56-5-1230 (name, address, vehicle registration number, and driver’s license information), and report the accident to authorities if necessary.
Failure to comply is a misdemeanor, punishable by up to one year in jail, a fine between $100 and $5,000, or both jail time and a fine. A conviction will result in a criminal record, possible suspension of driving privileges, and significantly increased insurance rates. Statutory fines listed here are also subject to an automatic increase due to required court costs.
2. Leaving the Scene of an Accident Involving Injury or Death (SC Code § 56-5-1210(A))
If an accident results in injury or death, drivers are legally required to stop immediately at or near the scene, render aid to anyone who is injured, and remain at the scene until law enforcement arrives and they have fulfilled the information exchange requirements of SC Code § 56-5-1230.
The penalties for leaving the scene escalate depending on the severity of the injuries:
- Injury Without Great Bodily Harm: Misdemeanor, 30 days to 1 year in jail, fine between $100 and $5,000
- Great Bodily Injury: Felony, 30 days to 10 years in prison, fine between $5,000 and $10,000
- Fatality: Felony, 1 to 25 years in prison, fine between $10,000 and $25,000
All of these offenses are prosecuted in General Sessions Court, meaning they carry significant legal and personal consequences, including a permanent criminal record, loss of driving privileges, and severe financial penalties.
3. Leaving the Scene of an Accident Involving an Unattended Vehicle (SC Code § 56-5-1240)
This charge applies if you collide with a parked or unattended vehicle and leave without providing your information. Unlike other hit-and-run charges, this is the only leaving-the-scene offense that is prosecuted in traffic court.
The law requires that you stop immediately, attempt to locate the owner, or leave a written notice on the damaged vehicle with your name, address, and vehicle registration number.
Common Example: Backing into a parked car in a parking lot and driving away.
While this offense does not carry jail time in most cases, it can result in fines, points on your license, and higher insurance rates.
4. Leaving the Scene After Striking a Fixture (SC Code § 56-5-1250)
If you hit an object (rather than a vehicle) and leave without reporting it, you may be charged under SC Code § 56-5-1250.
The law requires that you locate and notify the owner or person responsible for the damaged property, provide your name, address, vehicle registration number, and driver’s license if requested, and report the accident if required under SC Code § 56-5-1270.
Common Examples: Hitting a mailbox and driving away, striking a road sign, fence, or utility pole without reporting it.
This charge is also prosecuted in traffic court, and while it is typically a fine-only offense, it can still have long-term consequences.
Why You Need a Criminal Defense Attorney for a Leaving the Scene Charge
If you have been charged with leaving the scene of an accident, you are not automatically guilty. There are defense strategies that may help reduce or even dismiss your charges, including:
- Lack of Knowledge: If you were unaware that you were involved in an accident, this could be a viable defense.
- Mistaken Identity: The prosecution must prove you were the driver at the time of the accident.
- Medical Emergency or Crisis: If you left due to a medical issue or immediate danger, this could impact the severity of the charge.
- Pre-Trial Diversion or Alternative Sentencing: In some cases, you may be eligible for a pre-trial intervention program that could lead to a dismissal of charges.
At The Law Office of James R. Snell, Jr., LLC, we have extensive experience in handling hit-and-run cases and related charges, including DUI, driving under suspension, and habitual offender violations. If you or a loved one are facing any of these charges, contact us immediately. We offer free consultations and can begin working on your defense today. Call (803) 359-3301 now.
Contact a Criminal Defense Attorney Today
A leaving the scene charge is not something to take lightly. Whether you’re facing a misdemeanor in traffic court or a felony in General Sessions, having an experienced defense attorney can make all the difference.
At The Law Office of James R. Snell, Jr., LLC, we have over twenty years of experience defending leaving the scene cases and related offenses. We aggressively defend our clients and work to secure the best possible outcome, including charge reductions, pre-trial diversion, or case dismissal when possible.
Call us today at (803) 359-3301 for a free consultation. Let us help you protect your rights and your future.