Why It’s Unwise to Follow a Driver That Hits You and Runs

When you are involved in a hit-and-run accident, the natural inclination is to follow the other driver. You want justice, and you want to ensure the person responsible is held accountable. However, while this may seem like the right thing to do, it can actually be very dangerous and legally counterproductive.

Following a Fleeting Driver Can Cause More Problems

Under South Dakota law (SDCL 32-34-3), every driver involved in an accident resulting in injury, death, or property damage has a legal duty to stop, exchange information, and render aid. When a driver flees, they have already violated the law and shown a willingness to bypass the consequences.

If you decide to pursue a driver who has fled the scene, you may inadvertently escalate the situation:

• Reckless Maneuvers: If the driver realizes they are being followed, they may drive more recklessly to escape, potentially causing secondary accidents involving you or innocent bystanders.
• Unknown Threats: You do not know the state of the other driver. They may be under the influence, have an outstanding warrant, or be armed.
• Legal Complications: Pursuing a vehicle at high speeds could result in you being cited for traffic violations or even being held partially liable for a subsequent collision.

The Better Approach: Let Law Enforcement Handle It

After a hit-and-run collision in Rapid City, the safest and most effective course of action is to call the police immediately. Reporting the accident is not just a safety measure; it is often a legal requirement if property damage exceeds $1,000 or if an injury has occurred.

By staying at the scene and contacting law enforcement, you can:

1. Preserve Evidence: Document the scene, take photos, and talk to witnesses while their memory is fresh.
2. Provide a Description: Share the make, model, color, and any part of the license plate number you observed.
3. Ensure Proper Investigation: Law enforcement has the tools to track down fleeing drivers through surveillance footage and physical evidence left at the scene.

Our Team Can Help Injured Hit-and-Run Victims

If you’ve been the victim of a hit-and-run car accident in Rapid City through no fault of your own, the experienced personal injury lawyers at Whiting Hagg & Dorsey, LLP can help.

Leaving the scene of an accident involving injury is a Class 6 Felony in South Dakota under SDCL 32-34-5. Our team will investigate the accident, gather evidence, and work to hold the responsible parties accountable. Even if the driver is never found, we can help you navigate uninsured motorist coverage claims to ensure you receive the settlement you deserve.

Contact us today for a free consultation at (605) 600-2984 or fill out our online contact form.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. For legal guidance tailored to your specific situation, consult a licensed attorney.