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South Carolina Hit-and-Run Crimes Surge: Charleston Attorney Explains When Drivers Can Be Jailed Under State Law

November 29, 2025

With national data showing a steady rise in hit-and-run collisions, Charleston personal injury attorney Joseph Kaiser is urging South Carolina drivers to understand how serious “leaving the scene” charges have become – including mandatory jail time, felony exposure, and steep fines for even first-time offenders.

According to the AAA Foundation for Traffic Safety Hit and Run Statistics, the United States sees more than 680,000 hit-and-run crashes every year, and nearly one in five pedestrian deaths nationally involves a fleeing driver. While South Carolina publishes limited statewide hit-and-run totals, Kaiser says his firm has seen a notable increase in cases involving drivers who panicked and left the scene rather than calling police.

“People truly underestimate how quickly a minor collision turns into a criminal investigation the moment they drive away,” Kaiser said. “Even if the crash wasn’t your fault, leaving the scene almost always makes things worse.”

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Charleston SC Hit-and-Run Crimes Surge

What Drivers Must Legally Do After a Collision in South Carolina

Under South Carolina Code §56-5-1210, drivers involved in any crash that results in property damage, injury, or death must:

Failing to do any of these triggers criminal liability, and penalties escalate quickly depending on the outcome of the crash.


How Common Are Hit-and-Runs in South Carolina?
How Common Are Hit-and-Runs in South Carolina?

Can You Go to Jail for a Hit and Run in South Carolina? Yes. Here’s What the Law Says.

South Carolina imposes jail time or prison time for nearly every category of hit-and-run offense. The severity depends on the level of harm caused.

Property Damage Only (Attended Vehicle)

Misdemeanor
Up to 1 year in jail
Fine from $100 to $5,000
Citation: S.C. Code §56-5-1220

Injury (No Great Bodily Injury or Death)

Misdemeanor
Mandatory minimum 30 days
Up to 1 year in jail
Fine from $100 to $5,000
Citation: §56-5-1210(A)

Great Bodily Injury

Felony
30 days to 10 years in prison
Fine from $5,000 to $10,000
Citation: §56-5-1210(B)

Death

Felony
1 to 25 years in prison
Fine from $10,000 to $25,000
Citation: §56-5-1210(C)

“South Carolina does not treat hit-and-run cases like traffic tickets,” Kaiser said. “These are criminal charges that can affect someone’s entire future, especially when injury or death is involved.”

Increasing Hit-and-Runs Across South Carolina: How Victims Can Seek Justice and Compensation

Why Drivers Leave – and Why It Backfires

National research and local case trends show common reasons drivers flee, including:

Kaiser warns that none of these reasons help a driver avoid prosecution. “If someone is worried about a DUI, leaving the scene creates a much larger problem,” he said. “A misdemeanor DUI can suddenly turn into a felony hit-and-run with serious prison exposure.”

Civil Consequences Beyond the Criminal Case for Hit and Run Accidents

Civil Consequences Beyond the Criminal Case

Criminal penalties are only part of the risk. Drivers who flee may also face:

“Once a driver flees, insurers have more room to deny coverage,” Kaiser noted. “You are essentially adding civil exposure on top of a criminal case.”

Civil and Criminal Consequences for Hit and Runs

What to Do If You Are Accused or Under Investigation

Kaiser recommends that anyone contacted by law enforcement about a hit-and-run:

“Hit-and-run cases can move quickly, and early representation can protect you from unintentionally harming your case,” Kaiser said.


About Kaiser Law

Kaiser Law is a Charleston-based personal injury firm representing victims of hit-and-run collisions, motorcycle crashes, pedestrian accidents, violent crime, and other serious traumatic events throughout South Carolina. The firm offers free consultations for individuals facing hit-and-run allegations or injuries.

Joseph Kaiser Attorney at Law