Last verified: January 2026. This guide reflects current South Carolina Code Title 56, Chapter 5.
Table of Contents
Quick Summary: South Carolina Hit and Run Laws
- Property damage: Misdemeanor, up to 1 year in jail and $100 to $5,000 fine
- Minor injury: Misdemeanor, 30 days to 1 year in jail and $100 to $5,000 fine
- Great bodily injury or death: Felony, up to 10 years in prison and minimum $5,000 fine
- South Carolina is an at-fault state
- Report any accident involving death, injury, or property damage over $1,000
- You have 15 days to file a written accident report with the DMV
- You have 3 years to file a personal injury claim
Primary Statutes:
- S.C. Code § 56-5-1210: Duties of drivers involved in accident resulting in death or personal injury
- S.C. Code § 56-5-1220: Duties of driver involved in accident resulting in damage to attended vehicle
- S.C. Code § 56-5-1230: Duty to give information and render aid
- S.C. Code § 56-5-1240: Duty upon striking unattended vehicle or property
Penalties for Leaving the Scene of an Accident in South Carolina
Property Damage or Unattended Vehicle (§ 56-5-1220, § 56-5-1240)
- Charge: Misdemeanor
- Jail time: Up to 1 year
- Fine: $100 to $5,000
- License: Suspension or revocation
Minor Personal Injury (§ 56-5-1210)
- Charge: Misdemeanor
- Jail time: 30 days to 1 year
- Fine: $100 to $5,000
- License: Suspension or revocation
Great Bodily Injury or Death (§ 56-5-1210)
- Charge: Felony
- Prison time: Up to 10 years
- Fine: Minimum $5,000
- License: Mandatory revocation
DUI-Related Charges
Involuntary Manslaughter (§ 16-3-60):
- Charge: Felony
- Prison time: Up to 5 years
Reckless Vehicular Homicide:
- Charge: Felony
- Prison time: Up to 10 years
- Fine: Up to $5,000
- License: Revocation for 5 years
South Carolina Crash Statistics (2023-2024)
According to the South Carolina Department of Public Safety (SCDPS), the state has seen notable improvements in traffic safety:
- Fatal crashes fell 9% in 2024, reaching the lowest level in at least 7 years
- Driver behavior is the cause of more than 82% of fatal collisions
- Fatal and serious traffic crashes resulted in $30.9 billion in economic and quality-of-life costs in 2023
- The state has focused enforcement efforts on impaired driving, speeding, and distracted driving
SCDPS Director Robert Woods stated: “The numbers are a reflection of our efforts, and that we are saving lives. What we’re doing is making a difference.”
Driver Duties After an Accident in South Carolina
Under S.C. Code § 56-5-1230, drivers involved in an accident must:
- Stop immediately at the scene or as close as possible without obstructing traffic
- Provide information: Name, address, and vehicle registration number to the other party or police
- Show your license: Upon request, exhibit your driver’s license
- Render aid: Provide reasonable assistance to anyone injured, including transporting them to a hospital if needed
- Notify police: Immediately report accidents involving death, injury, or property damage over $1,000
Failure to fulfill these duties turns an accident into a criminal offense.
What Is a Reportable Accident in South Carolina?
Under § 56-5-1270, you must report any accident resulting in:
- Death
- Injury to any person
- Property damage exceeding $1,000
You have 15 days to file a written report with the South Carolina DMV. The statute states that failure to return the accident report with verified liability insurance information is “prima facie evidence that the vehicle was uninsured.”
Hitting an Unattended Vehicle
Under § 56-5-1240, if you hit an unattended vehicle or property:
- Make a reasonable effort to locate the owner
- If found, provide your name, address, and contact information
- If not found, leave a note with your information in a visible spot
Failure to comply is a misdemeanor with the same penalties as property damage hit and run.
If You Cannot Make a Report
If you are incapacitated after an accident, a passenger may file a report on your behalf. If you are not the vehicle owner, the owner is required to file a report if you are unable to do so.
When Is Hit and Run a Misdemeanor in South Carolina?
Leaving the scene is a misdemeanor when:
- The accident involves only property damage
- The accident involves minor personal injury
- You hit an unattended vehicle and fail to leave information
Misdemeanor hit and run carries up to 1 year in jail and fines between $100 and $5,000. Upon conviction, the state will suspend or revoke your driving privileges.
When Is Hit and Run a Felony in South Carolina?
Hit and run becomes a felony under § 56-5-1210 when the accident results in:
- Great bodily injury: Injury creating substantial risk of death, serious disfigurement, or loss of function
- Death
Note that rendering reasonable assistance is a legal duty. Failing to help an injured person can also result in criminal charges.
Implied Consent and DUI
South Carolina’s implied consent laws require all drivers to submit to breath, blood, or urine tests when requested by law enforcement. Refusing a sobriety test results in:
- First refusal: License suspension for 90 days
- With prior DUI conviction: License suspension for 180 days
Under South Carolina’s negligence per se statute, driving under the influence is automatically considered negligent. The charges escalate to gross negligence if the driver fails to exercise even slight care.
Notable South Carolina Hit and Run Cases
USC Student Killed (April 2025)
A University of South Carolina student was killed in a hit and run crash near campus in Columbia. Police arrested a suspect shortly after the incident. The case garnered significant media attention due to the victim’s connection to the university.
Denise Gamble Case (2024-2025)
A three-month investigation led to an arrest in the death of 65-year-old Denise Gamble, who was struck and killed while walking on a sidewalk on Koon Road near Farrow Road in Columbia on September 28, 2024.
Little River Fatal Hit and Run (December 2024)
John Seltzer, 61, of Little River was arrested and charged with hit and run causing death. His bond was set at $250,000. The case highlighted the serious consequences drivers face when fleeing fatal accidents.
Charleston Double Fatality (April 2024)
Two women, Arianna Gamber and Lizzy Zito, were killed in a hit and run in Charleston when struck by two separate vehicles. Both drivers were charged with leaving the scene of an accident resulting in death. A subsequent lawsuit named establishments that allegedly overserved the drivers.
Frequently Asked Questions
Is South Carolina a fault state?
Yes. South Carolina is an at-fault state, meaning the at-fault party pays the victim. The state uses a comparative negligence rule that reduces your recovery based on your percentage of fault. If you are more than 50% at fault, you cannot recover damages.
What is the statute of limitations in South Carolina?
You have 3 years from the date of the accident to file a personal injury, property damage, or wrongful death claim. If you miss this deadline, your claim is barred.
Can I settle during pretrial?
Yes. During pretrial, you may negotiate a settlement. Your attorney will send a demand letter outlining your losses and the damages you seek. If negotiations fail, the case proceeds to trial. An attorney can help you determine whether settling or going to trial is the better option.
What defenses exist for hit and run charges?
Common defenses include:
- Mistaken identity
- You were unaware of your involvement in an accident
- No one suffered injury, death, or property damage
- You left to transport the victim to get help
- You feared for your safety (must have valid reason and reported immediately)
What should I do at the scene to protect myself?
- Stop and remain at the scene
- Call police immediately
- Collect evidence: photos, witness contact information, dashcam footage
- Do not admit fault or use language suggesting guilt
- Exchange information with all parties
- Seek medical attention if needed
- Contact your insurance company
- Consider consulting an attorney before making detailed statements