Hit-and-Run Accident in Birmingham: Your Rights When the Driver Flees

Call 911 the moment the other driver flees. Provide every detail you can: the vehicle's make, model, color, license plate (even a partial plate helps), direction of travel, and a description of the driver if you saw them. The faster you report, the better the chance Birmingham PD or Alabama State Troopers can locate the vehicle.

Stay at the scene. Under Alabama law, both drivers must remain at the scene of an accident. If you leave, you could face charges yourself and damage your claim. Turn on your hazard lights and move to a safe location if possible. If you are on I-20/59, I-65, or I-459, stay in your vehicle — secondary crashes on Birmingham interstates are a serious risk.

When officers arrive, give a detailed statement. The police report documenting the hit-and-run is your most important piece of evidence for both a potential criminal case and your insurance claim. Get the report number and the responding officer's name and badge number.

Evidence in hit-and-run cases is time-sensitive. Photograph your vehicle damage from multiple angles — focus on any paint transfer from the fleeing vehicle, which can help identify the make, model, and color. Photograph the road, debris, skid marks, and your location. Take photos of any visible injuries.

Look for witnesses. Other drivers, pedestrians, and people in nearby buildings may have seen the crash or the fleeing vehicle. Get their names and phone numbers. Ask if anyone got a better look at the license plate or the driver.

Check for surveillance cameras. Gas stations, convenience stores, banks, apartment complexes, and traffic cameras near the crash scene may have captured the incident. Note the locations of any cameras you see and tell the responding officer. Time is critical — many systems overwrite footage within 24-72 hours. Your attorney can subpoena footage before it is lost.

Seek medical care within 24 hours even if you feel fine. Hit-and-run victims often experience heightened adrenaline and shock that mask pain. Whiplash, concussions, and internal injuries may not produce symptoms for hours or days.

Visit UAB Hospital, Grandview Medical Center, or any Birmingham ER or urgent care. Tell the doctor you were in a hit-and-run and describe every symptom. This medical record connects your injuries to the crash. Follow all treatment recommendations — missed appointments give your UM insurer grounds to question injury severity.

When the at-fault driver cannot be identified, your uninsured motorist (UM) coverage is your primary path to compensation. Alabama law (Ala. Code § 32-7-23) requires UM coverage in every auto policy unless the policyholder waived it in writing. UM coverage pays for medical bills, lost wages, and pain and suffering up to your policy limits.

File the UM claim promptly. Provide the police report, your medical records, photos, and witness statements. Your insurer will investigate — they are paying out of their own pocket, so they will scrutinize your claim.

Important: some Alabama UM policies include a physical contact requirement for hit-and-run claims. This means your UM coverage only applies if the fleeing vehicle actually struck your car. If the other driver caused you to swerve and crash without physical contact (a phantom vehicle scenario), your UM claim may be denied under certain policy terms. Review your policy language. If contact occurred, document it with photos of paint transfer and impact marks. If there was no contact, an attorney should review your specific policy.

Alabama's pure contributory negligence rule (Ala. Code § 6-5-178) applies to hit-and-run claims just as it applies to any other car accident. If your UM insurer can argue you were even 1% at fault — you were speeding, distracted, failed to take evasive action — they can deny your entire claim.

This seems unfair when the other driver committed a felony by fleeing. But the legal reality in Alabama is that contributory negligence is a complete bar to recovery regardless of how badly the other driver behaved. The exception is the wanton misconduct doctrine: if the fleeing driver's conduct was reckless or wanton (DUI, extreme speeding, intentional ramming), your partial fault may not bar recovery.

Documentation is your best defense. Dashcam footage showing you were driving normally, witness statements confirming the other driver caused the crash, and a clean police report all protect against contributory negligence arguments.

If police identify the fleeing driver, you gain additional options. You can file a claim against their liability insurance (if they have it) or sue them directly. The fact that they fled is powerful evidence of fault — juries view hit-and-run drivers very unfavorably.

The fleeing driver also faces criminal charges. A hit-and-run causing injury is a Class C felony in Alabama (Ala. Code § 32-10-2), carrying 1-10 years in prison. A hit-and-run causing death is a Class B felony. The criminal case is separate from your civil claim, but a criminal conviction strengthens your injury case.

Victim of a hit-and-run in Birmingham? Take our free 2-minute assessment. Answer a few questions about the accident, your injuries, and your insurance coverage. We will provide a personalized report on your UM claim options, how contributory negligence affects your case, and what your claim may be worth. We will connect you with a Birmingham attorney experienced in hit-and-run cases.

A hit-and-run is one of the most frustrating accidents you can experience. Someone caused your injuries and ran. Alabama law gives you tools to recover — UM coverage, criminal prosecution, and civil lawsuits — but contributory negligence makes the process harder than in most states. An attorney can protect your claim from the start. The assessment is free, confidential, and takes two minutes.