Alabama Hit-and-Run Accident Lawyers

The sound of crunching metal and shattering glass is traumatic enough, but watching the taillights of the vehicle that hit you fade into the distance adds a distinct layer of shock and betrayal. In an instant, a driver has chosen to abandon their legal and moral responsibility, leaving you injured and alone on the side of the road.

You are likely asking difficult questions: Who will pay for my medical bills if we cannot find the driver? Why would someone leave the scene? Does my own insurance cover this?

Why Do Drivers Flee the Scene in Alabama?

Leaving the scene of an accident involving injury or death is a serious felony under Alabama law. Despite the severe criminal penalties, thousands of drivers flee crash scenes across the state every year. Understanding why this happens is the first step in the investigation, as the motivation often points to other forms of liability.

In our experience litigating these cases, drivers rarely flee because of panic alone. They flee because they have something to hide. Common reasons include:

• Impaired Driving: The driver is under the influence of alcohol or drugs and fears a DUI arrest more than a hit-and-run charge.
• Lack of Insurance: The driver is uninsured or underinsured and flees to avoid financial liability, leaving the victim to rely on their own coverage.
• Outstanding Warrants: The driver has active arrest warrants and cannot afford any interaction with law enforcement.
• Stolen Vehicles: The car involved in the crash has been stolen, and the thief flees to avoid capture.
• Invalid Licensure: The driver has a suspended or revoked license, or no license at all.

Regardless of their reason, their decision to leave you without assistance is an act of negligence that compounds the harm they have already caused.

What Should I Do Immediately After a Hit-and-Run in Alabama?

If you are the victim of a hit-and-run, your immediate priority is safety and information gathering. Call 911 immediately to report the crime and request medical aid. Do not chase the fleeing driver. Instead, write down every detail you can remember about their vehicle and look for independent witnesses.

The moments following a hit-and-run are chaotic, but the actions you take can significantly influence your ability to recover compensation later. Because the other driver is not present to exchange information, the burden of evidence collection falls heavily on you and law enforcement.

Steps to take at the scene include:

• Record Vehicle Details: Immediately write down or type into your phone anything you saw: the color, make, and model of the car; any part of the license plate number; and any distinctive damage or bumper stickers.
• Identify Witnesses: Look for pedestrians, other drivers, or shop owners who may have seen the collision. Independent witnesses are often the key to identifying a fleeing suspect.
• Check for Surveillance: Look for nearby security cameras on businesses (like gas stations or banks) or doorbell cameras on residential homes. Video footage is often overwritten quickly, so this evidence must be secured immediately.
• Seek Medical Attention: Even if you feel “fine,” adrenaline can mask serious injuries. Go to an emergency room, such as UAB Hospital or USA Health University Hospital, for a full evaluation. This creates an official medical record linking your injuries to the timeframe of the accident.
• Notify Your Insurer: Report the accident to your insurance company as soon as possible, explicitly stating it was a hit-and-run. Many policies have strict deadlines for reporting these specific types of claims.

How Can I Recover Compensation If the Driver Is Never Caught?

This is the most common concern for our clients. If the police cannot locate the driver, you cannot sue them personally. However, this does not mean you are out of options. In Alabama, your primary source of recovery in these situations is typically your own auto insurance policy, specifically your Uninsured Motorist (UM) coverage.

Understanding Uninsured Motorist (UM) Coverage

Under Alabama law, a hit-and-run vehicle is generally treated as an “uninsured” vehicle. This means you can file a claim against your own insurance company to cover your medical bills, lost wages, and pain and suffering, up to the limits of your policy.

• You Are the Adversary: It is vital to understand that when you file a UM claim, your insurance company effectively steps into the shoes of the at-fault driver. Their goal shifts from being your “good neighbor” to minimizing their payout. They may question the severity of your injuries or argue that you were partially at fault for the crash to deny the claim.
• Stacking Coverage: Alabama allows for “stacking” of UM coverage. If you have three vehicles on your policy, each with $25,000 in UM coverage, you may be able to stack them for a total of $75,000 in available coverage. This is a complex area of law that requires careful review of your policy language.

Does Alabama Law Require Physical Contact for a Hit-and-Run Claim?

Yes, in most cases involving “phantom vehicles,” Alabama case law generally requires competent evidence that the other vehicle actually made physical contact with your car. However, you may still be able to pursue a claim without contact if you can provide independent corroborating evidence, such as testimony from a disinterested witness, proving the other driver caused the crash.

This distinction is critical and often misunderstood. A “phantom vehicle” accident occurs when a driver forces you off the road—perhaps by drifting into your lane or cutting you off—causing you to crash into a tree or guardrail, but never actually hits your car.

The “Corroborating Evidence” Rule

Historically, insurance companies would deny UM claims if there was no paint transfer or dent proving contact, arguing the victim simply fell asleep or lost control. Alabama law has evolved, but the burden of proof remains strict.

• Physical Contact: If there is physical evidence of a collision (paint transfer, dents), the requirement is satisfied.
• No Physical Contact: If the other driver ran you off the road without touching you, you typically cannot rely solely on your own testimony to trigger UM coverage. You generally need an independent witness to corroborate your version of events. This makes securing witness contact information at the scene absolutely vital in non-contact hit-and-run cases.

Investigating the Crash: How We Find the At-Fault Driver

Police departments are often understaffed and may not have the resources to launch a full-scale manhunt for a hit-and-run driver unless the injuries are life-threatening. This is where retaining private counsel becomes essential. Our legal team can mobilize quickly to preserve evidence that might otherwise be lost.

Investigative tactics include:

• Canvassing for Video: We send investigators to the scene to physically look for cameras. A doorbell camera three houses down or a security feed from a convenience store on the corner might have captured the fleeing vehicle passing by moments after the crash.
• Analyzing Debris: Broken headlight glass, side-mirror casings, or bumper fragments left at the scene often contain part numbers. We can use these numbers to identify the specific year, make, and model of the suspect vehicle, narrowing the search significantly.
• Broadcasts and Social Media: In some cases, appealing to the public through social media or local news outlets can generate tips. A neighbor may notice a car suddenly parked in a garage with fresh front-end damage.
• 911 Call Logs: We can subpoena 911 logs to see if other motorists called in a reckless driver in the area around the time of your accident.

The Role of Contributory Negligence in Hit-and-Run Cases

Alabama is one of the few remaining states that follows the doctrine of pure contributory negligence. This is a harsh legal standard that can bar you from receiving any compensation if you are found to be even 1% at fault for the accident.

Even in a hit-and-run case, the defense (which may be your own insurance company in a UM claim) may try to argue that you contributed to the accident.

Common defense arguments include:

• Speeding: They may argue that even though the other driver pulled out in front of you and fled, you could have avoided the crash if you had not been driving five miles per hour over the limit.
• Distracted Driving: They may subpoena your phone records to check if you were texting or using data at the moment of the impact.
• Failure to Keep a Lookout: They may claim you had sufficient time to react and failed to do so.

Because the consequences of this doctrine are so severe—completely eliminating your right to recovery—it is essential to have an attorney who can rigorously defend against these allegations and prove the fleeing driver was 100% responsible for the collision.

Can I Sue for Punitive Damages in a Hit-and-Run Case?

Yes, if the at-fault driver is identified and caught, you may be eligible to seek punitive damages. Fleeing the scene of an accident is an intentional, reckless act that demonstrates a wanton disregard for the safety of others, which is the specific legal standard required to award punitive damages in Alabama.

Punitive damages are distinct from compensatory damages (which cover medical bills and lost wages). They are designed not to compensate the victim, but to punish the wrongdoer and deter similar conduct in the future.

Factors influencing punitive damages:

• Wantonness: We must prove the driver acted with “wantonness,” meaning they were aware their conduct created a risk of injury and recklessly disregarded that risk. Fleeing the scene while someone is injured is a textbook example of wanton behavior.
• Intoxication: If the driver is found to have been under the influence, the case for punitive damages becomes significantly stronger.
• UM Coverage Limitations: It is important to note that many Uninsured Motorist policies have specific exclusions regarding punitive damages. We must carefully review your specific policy to determine if punitive damages are recoverable from your own insurer if the driver is not found or cannot pay.

Common Injuries in Hit-and-Run Collisions

The nature of hit-and-run accidents often leads to severe injuries. Because the victim is often left without immediate help, delays in medical treatment can exacerbate the trauma. We frequently represent clients in Mobile, Birmingham, and throughout Alabama who have suffered:

• Traumatic Brain Injuries (TBI): Ranging from mild concussions, which may cause temporary confusion and headaches, to severe cognitive impairment, long-term memory loss, and motor function difficulties caused by the violent force of the vehicle impact.
• Spinal Cord Injuries: Encompassing a wide range of debilitating conditions, including painful herniated discs, fractured or compressed vertebrae, and partial or complete paralysis (paraplegia or quadriplegia) that permanently changes a victim’s life.
• Internal Bleeding and Organ Damage: Blunt force trauma is notorious for causing life-threatening internal injuries. It can damage and cause hemorrhaging in vital organs such as the spleen, liver, or kidneys. These catastrophic injuries require immediate emergency surgery and treatment to prevent fatal blood loss.
• Orthopedic Fractures and Musculoskeletal Damage: Broken bones are exceptionally common, especially in high-impact hit-and-run accidents involving vulnerable road users like pedestrians or cyclists. Common injuries include complex fractures of the legs, arms, pelvis, and ribs, often requiring extensive surgery, pins, plates, and long-term physical therapy.
• Post-Traumatic Stress Disorder (PTSD) and Severe Psychological Trauma: The emotional and psychological toll of a hit-and-run, where the victim is often left alone and severely injured at the scene, can be profound. This trauma frequently leads to lasting anxiety, recurring nightmares, severe depression, and a debilitating fear of driving or being near traffic.

Contact Our Alabama Hit-and-Run Accident Lawyers Today

Being injured in a hit-and-run accident is a violation of trust and safety. Wherever your accident occurred, you deserve a legal team that will fight for the answers and compensation you need. The attorneys at Turner, Onderdonk, Kimbrough & Howell, P.A. have the experience and resources to navigate the complexities of Alabama’s insurance laws and hit-and-run statutes. We are ready to stand up to the insurance companies and advocate for your future.

Call us today at (251) 336-3411 or contact us online to schedule a consultation. Let us review your case, explain your rights, and help you take the first steps toward recovery.