Alabama Hit and Run Laws (2026 Guide)

Alabama Hit and Run Laws

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✓ Last verified: January 2026 | Sources: Alabama Code Title 32, Chapter 10

Alabama takes hit and run offenses seriously. Under state law, leaving the scene of an accident that causes injury or death is a Class C felony, punishable by up to 10 years in prison. Even property damage incidents can result in up to one year in jail.

Alabama also uses the “contributory negligence” rule, one of only a handful of states that still follow this strict standard. If you are found even 1% at fault for an accident, you may be completely barred from recovering damages in a civil lawsuit. Understanding these laws is essential for both drivers and accident victims.

Quick Summary: Alabama Hit and Run Laws

  • Death or Injury (Class C Felony): 1 year and 1 day to 10 years in prison, up to $15,000 fine
  • Property Damage (Class A Misdemeanor): Up to 1 year in jail, up to $6,000 fine
  • Unattended Vehicle (Class B Misdemeanor): Up to 6 months in jail, up to $3,000 fine
  • License Revocation: Mandatory upon conviction
  • Civil Statute of Limitations: 2 years for personal injury, 6 years for property damage

Alabama Hit and Run Penalties

Alabama classifies hit and run offenses based on the severity of the accident. The penalties escalate significantly when injuries or death are involved.

Hit and Run Causing Death or Injury

Under Alabama Code § 32-10-1 combined with § 13A-5-6, leaving the scene of an accident that results in injury or death is a Class C felony. Penalties include:

  • Minimum 1 year and 1 day in prison
  • Maximum 10 years in prison
  • Fine up to $15,000
  • Mandatory driver’s license revocation

Hit and Run Causing Property Damage

If the accident involves only property damage to an attended vehicle, the offense is a Class A misdemeanor under § 13A-5-7. Penalties include:

  • Up to 1 year in county jail
  • Fine up to $6,000
  • Possible license suspension

Hit and Run Involving Unattended Vehicle

Hitting an unattended vehicle and leaving without providing information is a Class B misdemeanor. Penalties include:

  • Up to 6 months in county jail
  • Fine up to $3,000

Alabama Code Title 32: Motor Vehicle Accidents

Car keys and a judge's gavel representing Alabama hit and run laws

Alabama’s hit and run laws are found in Title 32, Chapter 10 of the Alabama Code. The two primary sections are:

Section 32-10-1 requires the driver of any vehicle involved in an accident resulting in injury, death, or property damage to:

  • Immediately stop the vehicle at the scene or as close as safely possible
  • Remain at the scene until fulfilling the requirements of Section 32-10-2

Section 32-10-2 requires drivers to:

  • Provide their name, address, and vehicle registration number
  • Show their driver’s license to the other party or law enforcement
  • Provide insurance information
  • Render reasonable medical assistance to any injured person
  • Arrange transportation to a medical facility if needed

Your Legal Duties After an Accident

Alabama law imposes specific requirements on drivers involved in any accident, regardless of fault.

For Accidents Involving Injury or Death

  • Stop immediately at the scene
  • Call 911 to report the accident and request medical assistance
  • Do not move your vehicle unless directed by law enforcement
  • Provide reasonable medical assistance to injured persons
  • Exchange information with other parties involved
  • Remain until law enforcement releases you

For Accidents Involving Only Property Damage

  • Stop at the scene or nearby
  • If safe, move your vehicle from the roadway to avoid blocking traffic
  • Exchange information with the other driver
  • Report the accident if damages exceed $250 or if requested

For Hitting an Unattended Vehicle

  • Attempt to locate the owner
  • If unable to find the owner, leave a written note in a visible location
  • Include your name, address, and a brief description of what happened
  • Report the accident to local police

When Does Hit and Run Become a Felony?

In Alabama, hit and run becomes a felony when the accident results in injury or death to any person. The felony classification applies regardless of who caused the accident. Your duty to stop and render aid exists even if the other driver was entirely at fault.

Prosecutors do not need to prove you caused the accident to charge you with felony hit and run. They only need to prove:

  1. You were involved in an accident that caused injury or death
  2. You knew or should have known you were in an accident
  3. You failed to stop, provide information, or render assistance

Alabama’s Contributory Negligence Rule

Lawyer consulting with client about Alabama accident case

Alabama is one of only four states that follows the “contributory negligence” rule. This legal doctrine can significantly impact your ability to recover damages in a civil lawsuit.

Under contributory negligence, if you are found to be even 1% at fault for an accident, you may be completely barred from recovering any damages from the other party. This applies even if the other driver was 99% responsible.

Example: You are hit by a drunk driver who ran a red light. However, you were slightly exceeding the speed limit. Under Alabama’s contributory negligence rule, the insurance company may argue you contributed to the accident and deny your claim entirely.

Because of this strict standard:

  • Never admit fault at an accident scene
  • Document everything carefully
  • Consult with an attorney before speaking with insurance companies
  • Gather witness statements that may help establish the other party’s sole fault

Phantom Vehicle Claims

A “phantom vehicle” is an unknown vehicle that causes an accident without making physical contact with yours. For example, another driver may run a red light, forcing you to swerve into a pole to avoid a collision. The other driver then leaves the scene.

Under Alabama Code § 32-7-23, you may be able to recover damages through your uninsured motorist coverage for phantom vehicle accidents. However, insurance companies often dispute these claims without supporting evidence.

To strengthen a phantom vehicle claim:

  • Get witness statements describing the other vehicle
  • Look for surveillance footage from nearby businesses
  • Note any vehicle descriptions, colors, or partial plate numbers
  • Install a dashcam to capture future incidents (place it on your dashboard, not windshield, per Alabama law)

What To Do If You Are the Victim

Person photographing car damage with smartphone to document evidence

If you are the victim of a hit and run in Alabama, take these steps to protect your rights:

  1. Get to safety and call 911 if anyone is injured
  2. Do not pursue the fleeing driver. Road rage or chasing could expose you to criminal liability
  3. Document everything: Take photos of vehicle damage, skid marks, debris, and your injuries
  4. Gather witness information: Get names and contact details from anyone who saw the accident
  5. Note the fleeing vehicle: Color, make, model, partial license plate, driver description, direction of travel
  6. Look for cameras: Check for traffic cameras, business surveillance, or doorbell cameras nearby
  7. File a police report immediately
  8. Contact your insurance company: Your uninsured motorist coverage may apply
  9. Seek medical attention: Some injuries appear hours or days after an accident
  10. Consult an attorney before accepting any settlement offers

What To Do If You Caused an Accident

If you are involved in an accident in Alabama:

  1. Stop immediately. Do not flee, even if you are scared or at fault
  2. Call 911 if anyone appears injured
  3. Render reasonable assistance to injured persons
  4. Exchange information with all parties involved
  5. Document the scene with photos
  6. Cooperate with law enforcement but do not admit fault
  7. Notify your insurance company
  8. Contact an attorney if injuries are involved

Remember: Fleeing the scene transforms an accident into a crime. Even if you caused the accident, stopping and fulfilling your legal duties typically results in far less severe consequences than a hit and run conviction.

Legal Defenses for Hit and Run Charges

If you are charged with hit and run in Alabama, several defenses may apply:

You Were Not the Driver

If someone else was driving your vehicle at the time of the accident, you are not guilty of hit and run. Police may initially identify you based on vehicle registration, but alibis and evidence can establish you were elsewhere.

You Did Not Know an Accident Occurred

Minor collisions can occur without the driver realizing it, particularly in large vehicles or loud traffic conditions. If you genuinely did not know an accident happened, you lacked the intent required for conviction.

It Was Unsafe to Stop

If you feared for your safety due to threats from other parties or a dangerous location, you may have a valid reason for leaving. However, you should contact police as soon as safely possible.

No Injury or Property Damage Occurred

If prosecutors cannot prove the accident caused any harm, the hit and run charge may not stand. Medical records and damage assessments are key evidence.

Statute of Limitations

Alabama imposes time limits for taking legal action after a hit and run:

  • Personal injury claims: 2 years from the date of the accident
  • Property damage claims: 6 years from the date of the accident
  • Wrongful death claims: 2 years from the date of death
  • Criminal charges (felony): No statute of limitations for felonies in Alabama
  • Criminal charges (misdemeanor): 1 year

Frequently Asked Questions

Is hit and run a felony in Alabama?

Yes, if the accident caused injury or death. Hit and run involving only property damage is a misdemeanor. Felony hit and run carries 1 to 10 years in prison and up to $15,000 in fines.

What happens if you leave the scene of an accident in Alabama?

Leaving the scene without fulfilling your legal duties is a crime. Depending on whether injuries occurred, you face misdemeanor or felony charges, jail time, fines, and mandatory license revocation.

How long does Alabama have to charge me with hit and run?

For felony hit and run (injury or death), there is no statute of limitations in Alabama. For misdemeanor hit and run, prosecutors have 1 year to file charges.

Can I recover damages if I was partially at fault?

Possibly not. Alabama follows the contributory negligence rule. If you are found even slightly at fault, you may be barred from recovering any damages from the other party.

What is a phantom vehicle claim?

A phantom vehicle is an unknown vehicle that causes an accident without physical contact. You may recover damages through your uninsured motorist coverage, but you will need evidence such as witness statements or camera footage.

Will my license be revoked for hit and run?

Yes. Under Alabama law, conviction for hit and run results in mandatory driver’s license revocation.

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