What to Do if the At-Fault Driver Leaves the Scene of the Accident

If the at-fault driver leaves the scene of your accident, your first steps should be calling law enforcement, documenting everything you can about the vehicle and the moment of impact, and contacting your own insurance company to explore uninsured motorist coverage. A hit and run leaves you dealing with injuries and vehicle damage while also trying to figure out who’s actually responsible, and that combination can feel overwhelming in the moments right after a crash. Knowing what to do next can make a real difference in whether you ever see fair compensation.

Why Leaving the Scene Is a Serious Offense in South Dakota

South Dakota law doesn’t treat fleeing an accident scene lightly, particularly when someone is hurt. Under South Dakota Codified Laws Section 32-34-5, a driver who fails to immediately stop after an accident resulting in injury or death, and who doesn’t comply with the state’s accident reporting requirements, is guilty of a felony. That’s a meaningful legal consequence, and it reflects just how seriously the law treats a driver’s decision to flee rather than stay and take responsibility. Even so, a criminal penalty against a driver doesn’t automatically translate into compensation for your medical bills or vehicle repairs, especially if that driver is never identified.

What to Do in the Immediate Aftermath

The steps you take right after a hit and run can significantly affect what happens later. Consider the following:

1. Call 911 immediately and request medical attention, even if injuries seem minor at first.
2. Try to note any details about the fleeing vehicle, including color, make, model, direction of travel, and any part of the license plate you managed to see.
3. Look around for witnesses, security cameras, or businesses nearby that might have captured footage of the crash.
4. Take photos of your vehicle, the accident scene, and any visible injuries before anything changes.
5. File a police report and get a copy or the report number for your records.

Why Your Own Insurance Coverage Becomes So Important

Here’s something that surprises a lot of people after a hit and run. If the fleeing driver is never identified, your own uninsured motorist coverage often becomes the primary path toward compensation, since it’s designed to treat an unknown driver similarly to how it would treat a known driver with no insurance. Personal injury protection or medical payments coverage, if you carry it, can also help cover medical costs quickly while the investigation continues. None of this means pursuing compensation will be simple. Insurance companies still tend to scrutinize hit and run claims closely, sometimes questioning whether the story adds up or whether the damage matches what’s described.

Let Our Team Help You Pursue Every Available Option

A hit and run leaves you facing real losses, often with no clear answers about who caused them or how you’ll be compensated. Hoy Law knows how to pursue every available path toward recovery, whether that fleeing driver is ever identified or not. Reach out to our Sioux Falls car accident attorneys to talk through your South Dakota claim and what comes next.

Source:

sdlegislature.gov/Statutes/32-34-5