What evidence is needed to prove a hit and run? Mostly, any evidence like photos, videos, witness testimony, or other things that help place the other driver and their vehicle at the scene of the hit and run is the kind of evidence needed to prove a hit and run.
A South Carolina hit and run accident lawyer can help you gather everything together to better your chances of a successful day in court.
Proving the Damage to Your Vehicle
During the foundational stages of filing your claim and the beginning of arguing in court, assume that no one knows anything about your case. This means that you will first need to prove that your vehicle was damaged. Also, you will need to prove that your vehicle was damaged in a hit and run style incident, which can come in a couple of different forms.
Make sure that you have taken photos and/or videos of all angles of your vehicle to show in detail all the damage it has. This can be even more effective when shown side-by-side with any photos or videos of your vehicle from before the accident. The judge or jury may not end up needing to see all of the media you capture, but being prepared is always an advisable move.
A hit and run can happen whether you were in or with your vehicle at the time. Either way, you will need to prove that whoever hit your vehicle indeed fled from the scene. While it is unlikely you could snap a picture before they sped off, anything from a traffic camera, dash camera, or building’s security camera to witness testimony and evidence of you being where you were at the time you were can help.
Proving that You are Suing the Right Person
Most of the time, other drivers we drive next to on the road are complete strangers, and getting a good look at them can be difficult through car windows or in low visibility conditions. Guessing as to who hit your car will get you nowhere, fast. You will need proof in some form of who exactly drove the vehicle that hit yours and then left the scene, violating South Carolina Code of Laws § 56-5-1210(A).
If you were prompt in calling 911, the hope is that police were able to use their professional training to track down the hit and run driver. You should absolutely not try to pursue them yourself, or you risk worsening the entire situation by putting yourself at risk of garnering some liability or causing further damages. Let the police do the pursuit work since their word that they got the right person holds weight.
If police officers come up dry in their initial pursuit, it may fall to you and your hit and run accident attorney to piece together evidence to prove hit and run accidents like yours. We can look for things like nearby security footage, traffic cameras, tire marks, and witness testimony to track down suspects. From there, we need to prove they are connected to the vehicle somehow and were at the scene at the time.
Evidence Must Connect the Right Vehicle to The Accident
Being able to pin the blame for the accident on the right person could hinge upon connecting the right vehicle to the accident. If it turns out that the vehicle that hit yours has no connection to the suspect you are trying to sue, the case could hit a huge barrier. Proof of the suspect being the vehicle’s owner, evidence of them having access to the vehicle, or even evidence of them stealing the vehicle is needed.
Importantly, South Carolina Code of Laws § 15-5-1230 says that anyone who damages another vehicle must stop and provide their contact information and their vehicle’s registration number. Since the other driver in your accident fled, they likely did not initially comply with this. The law still requires that they exchange that information, so we can push for that so that there is documentation of vehicle ownership.
Even if it was not their own vehicle, we can investigate to see what other connection this person may have had to the vehicle that hit yours. By investigating the defendant’s relationships, we can see if the car was a friend’s or a family member’s. We can also see if the vehicle in question was reported stolen or if it would have been reported stolen once the actual owner became aware.
What will Likely Not Work as Evidence Needed to Prove a Hit and Run
We must put all of our effort into building the strongest case possible by compiling the strongest evidence possible. Something as simple as hearsay testimony will very likely not hold ground against scrutiny from the defense team. Also, South Carolina law specifically prohibits police reports from being used as evidence to prove hit and run accidents.
If anyone could secure compensation from damage or injury claims just by saying so, then everyone would try to get in on the action. Even if your account of the accident is true, you cannot rely on a well-told story to get the result you want in your lawsuit. The same goes for testimony from others, all of which would need to be added together or come from the specific authority in order to have a solid footing.
The South Carolina Code of Laws § 56-9-330 and § 56-5-1290 both specify that the written reports filed by police cannot be used as evidence in lawsuits seeking compensation for damages. If a police officer testifies in court, South Carolina hit and run laws say they can refer to their written report to help them accurately testify. This is why seeking authoritative testimony is so important versus going by your word.
How a South Carolina Hit and Run Attorney Can Help You with Evidence
The evidence needed to prove hit and run accidents is far from simple compared to accidents when all the drivers do what they are supposed to do following the accident.
A South Carolina car accident lawyer from Shelly Leeke Law Firm has dealt with these before. Let us use our 10+ years of total combined experience to help you find the evidence you need in your hit and run case.
