Most people think of car accidents as insurance matters – but sometimes, a South Carolina crash can turn into something far more serious. When criminal charges are involved, the consequences can affect not only your freedom, but also your finances, your reputation, and your future.
As a South Carolina attorney who handles both personal injury cases and criminal defense matters, I've seen how overwhelming this situation can feel. Understanding what's happening – and what to do next – can make all the difference.
When Does a Car Accident Become a Criminal Case in South Carolina?
Not every crash leads to criminal charges, but South Carolina law enforcement may step in when there is evidence of:
- DUI or drug-impaired driving – Operating a vehicle under the influence of alcohol or drugs
- Reckless driving or excessive speeding – Willful disregard for safety of others
- Hit-and-run – Leaving the scene of an accident
- Driving without a valid license or insurance – Operating a vehicle illegally
- Serious injury or death caused by negligence – Accidents resulting in severe harm
In these situations, the state may bring criminal charges while the injured person pursues a separate civil claim for damages.
Criminal Case vs. Civil Case: Understanding the Difference
It's important to understand that these are two different legal paths:
- A criminal case is about whether the driver broke South Carolina law and should face penalties like fines, probation, or jail time
- A civil case focuses on compensating the injured person for medical bills, lost wages, pain, and suffering
One can move forward even if the other doesn't – and the outcome of one can impact the other. This dual-track system is unique to cases involving potential criminal violations.
What You Say After an Accident Can Be Used Against You
After a serious car accident in South Carolina, emotions run high. But statements made to police, insurance adjusters, or even at the scene can later be used in both criminal and civil proceedings. It's wise to be respectful and to understand your right to legal counsel before giving detailed statements.
Important reminder: You have the right to speak with an attorney before providing a recorded statement to law enforcement or insurance companies.
For Accident Victims: Your Rights Come First
If you were injured by a driver who is facing criminal charges in South Carolina, you may feel unsure about what happens next. A criminal case does not automatically compensate you for your losses. You still have the right to pursue a personal injury claim for the care and support you need to move forward.
Your civil case is separate from the criminal prosecution, and you deserve compensation for:
- Medical expenses and ongoing treatment
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage
- Loss of quality of life
For Drivers Facing Criminal Charges: Early Legal Guidance Is Critical
If you're being investigated or charged after a car accident in South Carolina, time matters. The steps you take early – how evidence is preserved, how statements are handled, and how your case is positioned – can shape everything that follows.
Having experienced legal guidance can help protect your rights on both the criminal defense and civil sides of the law. An attorney who understands both areas can provide comprehensive representation.
Experienced South Carolina Car Accident and Criminal Defense Attorney
When a car accident turns into a criminal matter, the stakes rise quickly. Whether you're an injured victim seeking justice or a driver facing serious allegations, you deserve clarity, fairness, and strong advocacy.
The law can feel intimidating – but with the right information and the right support, you can move forward with confidence and dignity.
If you or someone you love is involved in a car accident with criminal charges in South Carolina, contact Pracht Injury Lawyers today. We handle both personal injury claims and criminal defense matters, providing comprehensive legal representation when you need it most.