Is It Illegal to Move Your Car After an Accident in South Carolina?
Car accidents are stressful, and in the moments following a crash, it can be difficult to know what to do. One common question many drivers have is whether it’s legal to move their car after an accident. While some may think it’s best to leave the vehicle where it is until authorities arrive, others believe clearing the road is the safest option. In South Carolina, specific laws dictate when it is acceptable to move your vehicle after an accident. Let’s break down what you need to know.
Understanding the Legal Context
South Carolina has clear laws about what you should do immediately following a car accident. While safety is always the top priority, the law also requires that certain steps be followed to ensure the accident is properly reported and investigated.
A. South Carolina Traffic Laws
Under South Carolina law, drivers involved in a car accident must stop and remain at the scene. According to SC Code § 56-5-1210, drivers are required to provide their name, address, and vehicle information to others involved and offer assistance to anyone who may be injured. Failure to do so can result in serious legal consequences.
B. The Duty to Stop
If you’ve been involved in an accident, the law requires you to stop as close to the scene as possible without causing further hazards. This means pulling over safely if you can. It’s crucial to remain at the scene until authorities arrive or until you’ve fulfilled all legal obligations, such as exchanging information and offering help to injured parties.
When Is It Legal to Move Your Car?
In South Carolina, whether or not you can move your car after an accident depends on the specific circumstances. The general rule is that if no one has been seriously injured, and your vehicle is creating a traffic hazard, it is legal—and often encouraged—to move it out of the way.
- Minor Accidents: If the accident only involves property damage and both vehicles are operational, the law expects you to move your vehicle to the shoulder or another safe location to prevent blocking traffic.
- Serious Accidents: If someone has been seriously injured or killed, South Carolina law (SC Code § 56-5-1210(B)) strictly prohibits moving any vehicle until law enforcement arrives and completes their investigation. The rationale behind this is to preserve the scene for a more accurate reconstruction of the events leading to the accident.
In situations where you’re unsure whether it’s safe or legal to move your vehicle, it’s best to wait for authorities to arrive or consult with your insurance provider for further guidance.
Reporting the Accident
South Carolina requires drivers to report any accident that results in injuries, death, or property damage exceeding $1,000. Here’s what you need to do:
- Call 911: Immediately after assessing the situation, call 911 to report the accident. This will dispatch law enforcement and emergency services to the scene.
- Provide Information: When authorities arrive, provide them with all the necessary information, including your driver’s license, registration, and insurance details.
- Documentation: If you are able, take photos of the accident scene, including vehicle damage and road conditions. This can be critical for both your insurance claim and any potential legal proceedings.
Failing to report an accident that meets these conditions can result in fines or other legal consequences, so it’s essential to follow through.
Conclusion
In South Carolina, moving your car after an accident isn’t necessarily illegal, but the decision depends on the severity of the crash. If no one is seriously hurt and your car is blocking traffic, moving it to a safe location is not only legal but encouraged. However, in the case of severe injuries or fatalities, the law is clear: you must leave your vehicle where it is until law enforcement arrives.
If you’ve been involved in a car accident, ensure that your safety and the safety of others is your top priority. Always follow South Carolina’s legal requirements, and when in doubt, it’s best to wait for the authorities to guide you through the next steps.
Disclaimer – This article is for informational purposes only and does not constitute legal advice. For guidance specific to your situation, please consult a licensed attorney in South Carolina.