Hit and Run Lawyer Near Me

Hit and Run Lawyer Near Me

 

Hit-and-run accidents are all too common in tourist-heavy cities such as Charleston. Pedestrians, cyclists, and other drivers are often left to pick up the pieces after serious hit-and-run collisions. Although fleeing the scene of any accident resulting in bodily injuries is a crime in South Carolina, it’s often difficult to locate and hold these drivers accountable. 

As a former U.S. Congressman, attorney Joe Cunningham is still standing up for his former constituents today. His investigative partners work to track down fleeing drivers while he fights to obtain needed financial compensation for his clients. Whether you were walking, biking, driving, or even boating in Charleston, our hit-and-run lawyer near me law firm can help. We can discuss your rights and the compensation available to victims. For a free consultation, call (843) 633-3360 or connect with us online.

Defining a “Hit-and-Run” Under South Carolina Law 

Hit-and-runs are a type of uninsured motorist accident. They occur when a driver strikes another vehicle, person, or cyclist and leaves the scene either without providing contact information or before police arrive.

Accidents Resulting in Minor Bodily Injuries 

Under S.C. Code § 56-5-1210, the drivers of vehicles involved in any accident resulting in injury or death—regardless of fault—must immediately stop their vehicles at (or as close as safely possible to) the accident scene. Drivers must return to and remain at the scene after contacting law enforcement and render medical assistance. They must also provide the other driver and/or passengers with their name, address, vehicle registration number, and driver’s license information, if available. 

Failing to follow these requirements, including fleeing the scene, is criminal in South Carolina. Even if they are not entirely liable for the crash, drivers fleeing the scene of a collision may face misdemeanor charges if the accident resulted in minor bodily injuries.

Traffic Crashes Involving Great Bodily Injuries and Fatalities 

If a motor vehicle accident results in a great bodily injury and the driver flees the scene, this is a felony punishable by up to 25 years in prison. S.C. Code § 56-5-1210(C) defines a “great bodily injury” as one that causes a substantial risk of death, disfigurement, or impairment of a bodily organ, system, function, or member.

Examples of great bodily injury include the following: 

  • Fractures 
  • Burns 
  • Amputations 
  • Internal bleeding 
  • Miscarriages 
  • Traumatic brain injuries 
  • Spinal cord damage 
  • Paralysis 
  • Death

Drivers often leave the scene of serious accidents because of the potential civil and criminal penalties associated with these crashes. Our dedicated hit-and-run lawyers stop at nothing to hold liable drivers accountable for fleeing the scene of serious accidents in Charleston. 

Property Damage Only Claims 

If a driver hits a parked vehicle, which often occurs in local parking lots or harbor-front areas with street parking, the driver must attempt to locate the vehicle owner. If this is not possible, he or she must leave the required contact information in a visible area of the other driver’s vehicle. The liable driver must also explain what happened to the vehicle owner in the written note. Similar rules apply if the driver struck another fixed object or otherwise damaged property. 

Reasons Hit-and-Run Drivers Leave the Scene of a Crash

Drivers flee the scene of serious vehicle accidents for various reasons, including the following: 

  • The Driver Is Uninsured: Although South Carolina requires drivers to carry auto insurance, many drivers do not carry this coverage. Drivers without insurance are directly liable for your injuries and property damage. Knowing this, many flee the scene of serious accidents to avoid financial penalties. 
  • The Driver Is in a Rental Vehicle: Many tourists rent cars but decline expensive additional insurance. Drivers in rental vehicles may flee the scene to avoid serious insurance and rental company charges. They might also think their identity is hidden behind the rental company registration. 
  • Driving without a License or with a Suspended License: Unlicensed drivers or those driving on a suspended license may flee the scene to avoid police. 
  • The Driver Is Undocumented: Illegal alien drivers might flee to avoid potential deportation. 
  • The Driver Has a Warrant or Criminal Record: Many hit-and-run drivers know they have warrants out for their arrest or might fear the penalties of an additional criminal charge, such as parole revocation.  
  • The Driver Fears Liability Claims: In many cases, drivers flee the scene of serious accidents out of fear. Most even have insurance, but they’re afraid of the potential criminal and civil consequences of a crash. 
  • The Driver Is Drunk or on Drugs: Buzzed drivers likely account for a significant number of hit-and-run accidents in Charleston. Tourists might get off a booze cruise at Brittlebank Park and fear a DUI charge after striking another vehicle or person. 

Pedestrian Deaths from Hit-and-Run Accidents

Sadly, it’s estimated that 25% of reported pedestrian accident deaths result from hit-and-run crashes. Most hit-and-runs occur at night when drivers believe no one witnessed the crash. Many nighttime accidents also involve drunk drivers who unintentionally leave the scene, mistakenly believing they only struck an animal or road hazard.

Regardless of the reason the driver fled, there is no excuse. Discuss your rights under South Carolina law with a hit-and-run lawyer near you at Joe Cunningham Law. 

Damages Available to Hit-and-Run Victims 

Any accident involving a motor vehicle triggers the victim’s financial recovery rights under South Carolina personal injury law. Although experienced car accident lawyers near you primarily settle motor vehicle accident claims with liable insurers, this does not eliminate driver liability for your injuries. With the team at Joe Cunningham Law on your side, hit-and-run victims in Charleston can demand the following legal damages: 

Medical Bills

Although generally limited to available insurance coverage, you may legally demand compensation for all past and future medical expenses associated with the crash. This includes the cost of emergency treatment, hospital stays, nursing care, rehabilitation, medications, and doctors’ bills.

Lost Wages and Benefits 

Serious accident injuries often result in workplace disabilities. You might demand the value of your lost income, benefits, bonuses, promotions, and earning capacity during the hit-and-run claims process.

Pain and Suffering 

These incalculable damages compensate hit-and-run victims for the emotional suffering, physical pain, inconvenience, and lost enjoyment of life associated with their injuries. Pain and suffering damages are often higher in hit-and-run cases when your emotional anguish is exacerbated by the underlying crime. 

At Joe Cunningham Law, we fight to maximize our clients’ damages in every case. 

Options for Compensation When Drivers Flee the Scene of a Car Crash  

Nearly all viable car accident claims settle with the liable driver’s auto insurance company, but what happens when the driver flees without leaving his insurance information? Generally, our experienced hit-and-run attorneys near you have three ways of seeking compensation.   

Uninsured Motorist Coverage 

Hit-and-run accidents are considered uninsured motorist claims in South Carolina. Vehicle owners (including rental car companies) are required to carry at least $25,000 worth of uninsured motorist coverage. This coverage acts in the liable driver’s place and provides the same basic liability coverage.

Pedestrians and cyclists injured in hit-and-run accidents can use their personal uninsured motorist coverage in such cases, as these qualify as car accidents. Household members (especially spouses and minor children) might also obtain coverage through another household member’s UM policy. A hit-and-run injury attorney near you can immediately help eligible clients file these claims. 

Third-Party Liability 

Drivers fleeing the scene of hit-and-run accidents often do so in a panic. They might not even be the primary liable party. Experienced hit-and-run accident lawyers in Charleston may work to identify other potentially liable defendants, including the following: 

  • Other Drivers: Many serious chain-reaction crashes involve multiple liable drivers and vehicle owners. This could trigger other liability policies. 
  • The City of Charleston: In some cases, the city or its highway contractors may bear liability for malfunctioning traffic equipment, dangerous roadway conditions, and poorly designed intersections and walkways. 
  • Vehicle Manufacturers: Sometimes, faulty vehicle safety equipment contributes to hit-and-run accidents and injuries. This often occurs when airbags deploy with too much force, the car does not meet advertised rollover safety standards, or seatbelts and car seats do not function properly. Our dedicated client-focused lawyers might sue the vehicle or parts manufacturer in such cases. 
  • Alcohol Servers (Dram Shop Liability): Alcohol is a leading cause of hit-and-run accidents, especially in cities such as Charleston that offer numerous booze and party cruises. Under South Carolina law (S.C. Code § 61-4-580), it is illegal to serve alcohol to a person under the age of 21 or a visibly intoxicated individual. Cruise ship, bar, and restaurant owners may bear liability if the hit-and-run is linked to their intoxicated patron. 

The right hit-and-run lawyer near you will fight to identify all potentially liable parties to maximize your financial recovery. 

Liable Driver/Vehicle Owner 

Over time, Charleston police officers may track down the hit-and-run driver. You cannot generally recover both uninsured motorist and liability coverage for the same accident, but your lawyer might demand additional compensation for your medical bills, lost wages, and pain and suffering directly from the liable driver and vehicle owner. Liability might also extend to the driver’s employer and rental car company. If the state files criminal charges, our personal injury firm might also ensure prosecutors demand restitution for you during criminal proceedings. 

Holding Drivers Accountable for Hit-and-Runs 

If you’re looking for a hit-and-run lawyer near you, there’s only one practicing attorney in Charleston with a record of fighting for South Carolina residents as a U.S. Congressman. 

Most hit-and-run accidents involve limited insurance, which stops many law firms from taking these cases. Not Joe Cunningham. He’s passionate about achieving justice for his clients, especially hit-and-run victims in his city. 

Gathering Evidence 

Joe Cunningham’s experienced legal team and investigative partners work tirelessly to locate and hold liable drivers accountable both financially and through the justice system. This means fighting for your right to insurance compensation while protecting the community from dangerous drivers. His team often does this by helping Charleston hit-and-run victims obtain the following evidence: 

  • Dashcam footage
  • CCTV videos 
  • Vehicle black box data 
  • Security and traffic camera evidence 
  • Photograph evidence 
  • Witness statements 
  • Doorbell camera footage
  • Cell phone/social media videos 

It’s becoming harder to get away with hit-and-run accidents in Charleston. Newer vehicles automatically record accidents, even those occurring in their vicinity. Other drivers’ vehicles may have dashcam footage of the fleeing driver’s license plate. The same is true of residents with doorbell cameras and businesses with security cams. Most visitors also have camera phones, and many are smart enough to quickly record the vehicle’s license plate. With a dedicated legal team on your side, we might quickly identify the vehicle owner and liable driver.

Fronting Private Investigation Costs 

Charleston police officers receive numerous hit-and-run complaints every day, and they only have the resources to investigate extremely serious and fatal accidents. Even though pounding the pavement can uncover video footage of the fleeing vehicle, this isn’t done in most personal injury and property damage cases. At Joe Cunningham Law, we might front the cost of retaining dedicated hit-and-run investigators in your case. 

We do this by offering eligible clients a contingency fee arrangement. Under the terms of this legal agreement, our law firm does not get paid unless we recover compensation in your case. Our law firm might also front all necessary investigative and litigation costs, eventually recovering these expenses plus our fee only from an approved settlement or financial judgment. There’s no risk when you discuss what happened in your hit-and-run accident with our legal team.  

Contact Our Charleston Hit and Run Lawyer Near Me

Recovering fair compensation from ghost drivers in Charleston isn’t easy, but that doesn’t stop the team at Joe Cunningham Law. We don’t just run the numbers. We act as personal injury advocates for the people of South Carolina.  

Even if you’re not sure whether there’s available insurance coverage in your case, it’s worth scheduling a free and confidential case evaluation. To speak with an experienced hit-and-run attorney near you, call (843) 633-3360 or connect with us online.