Picture driving through a quiet Anderson subdivision when suddenly, a driverless car rolls into the intersection ahead of you. The vehicle appears to be moving on its own, completely catching you off guard. Known as a "ghost ride," this scenario represents a growing concern on South Carolina roads.
When drivers abandon their vehicles while they're still in motion, they create serious hazards for other motorists, pedestrians, and property owners. Our South Carolina car accident attorneys understand the unique legal challenges these incidents present and how victims can protect their rights when injured by an unattended moving vehicle.
What Constitutes a Ghost Ride Accident
The term "ghost ride" describes how the cars appear to move without any visible driver behind the wheel.
Ghost ride accidents occur when a driver exits their car while it remains in motion, creating an uncontrolled, driverless vehicle that can cause significant property damage and personal injuries. These incidents differ from typical car accidents because they involve an abandoned vehicle rather than an actively driven one.
Suppose Sarah pulls into her driveway in Greenville and realizes she forgot to close her garage door. She puts her car in park but doesn't engage the parking brake, then exits to close the garage door manually. Her car, parked on a slight incline, begins rolling backward toward the street where children are playing.
Legal Implications for Drivers Who Abandon Their Vehicles
Under South Carolina law, drivers who abandon their vehicles while in motion face serious legal consequences beyond typical traffic violations. The state's vehicle code requires drivers to maintain control of their vehicles at all times.
Reckless Driving in South Carolina
South Carolina Code Section 56-5-2920 addresses reckless driving, which can apply to ghost ride situations where drivers create unreasonable risks by abandoning their vehicles. This statute covers actions that demonstrate a willful disregard for the safety of persons or property, which clearly applies when someone exits a moving car.
Proper Control of Vehicle
Abandoning a vehicle in motion may also violate South Carolina Code Section 56-5-1930, which requires drivers to maintain proper control of their vehicles. This statute specifically addresses situations where drivers fail to exercise reasonable care in operating their vehicles, including maintaining control during emergencies or mechanical failures.
Serious Criminal Consequences
Ghost ride incidents can result in criminal charges, particularly if injuries or significant property damage occur. Depending on the severity of the consequences, prosecutors may file charges ranging from reckless driving to vehicular manslaughter. These criminal charges exist separately from any civil liability the driver faces.
Unattended Vehicle Liability
Civil liability for ghost ride accidents often exceeds what drivers expect. Beyond covering immediate damages, drivers may face lawsuits for ongoing medical expenses, lost wages, pain and suffering, and property damage. The fact that the driver wasn't physically in the vehicle during the collision doesn't eliminate their responsibility for the consequences.
How Victims Can Pursue Compensation for Ghost Ride Injuries
Victims of ghost ride accidents have legal options for pursuing compensation, though these cases require careful documentation and investigation. The unique nature of these incidents demands a thorough understanding of South Carolina's liability laws and insurance regulations.
Duty of Care
Establishing negligence in ghost ride accidents requires proving that the driver breached their duty of care by abandoning their vehicle. This breach must be shown to have directly caused the victim's injuries or property damage. Traditional car accident reconstruction may not apply when no one was actively driving.
Auto Insurance Policies
Insurance coverage for ghost ride accidents can be more problematic than standard car accident claims. Some insurers argue that drivers who abandon their vehicles aren't "operating" them at the time of the accident, potentially limiting coverage under certain policy provisions.
Time Limit to File a Claim
South Carolina's three-year statute of limitations for personal injury claims applies to ghost ride accidents. However, the unique circumstances of these cases can sometimes affect when this limitation period begins, particularly if the identity of the vehicle owner isn't immediately known.
Common Scenarios That Lead to Ghost Ride Accidents
Ghost ride situations often develop rapidly, giving little time for preventive action.
Mechanical Problems With the Car
Mechanical failures that cause drivers to panic and abandon their cars create some of the most dangerous ghost ride situations. When brakes fail, accelerators stick, or steering becomes unresponsive, trained drivers should attempt to control their vehicles safely rather than jumping out. While the mechanical failure might not be the driver's fault, abandoning the vehicle creates additional liability issues.
Failing to Set the Parking Brake
Improperly set parking brakes account for many ghost ride incidents, particularly on inclined surfaces. Drivers who rely solely on their transmission's park setting without engaging the parking brake risk their vehicles rolling when the transmission fails or disengages.
After Other Car Accidents
Minor fender-benders often lead to ghost ride situations when drivers exit their vehicles without properly securing them with the parking brake. The stress and confusion following even minor auto accidents can cause drivers to forget basic safety procedures.