Injured in a Hit-and-Run in Birmingham?
The driver who hit you took off. That doesn't mean you're out of options. Alabama had a fatal hit-and-run rate of 0.71 per 100,000 residents in 2022, and an estimated 17% of Alabama drivers carry no insurance — one of the highest uninsured rates in the country and a major reason drivers flee the scene. Birmingham saw multiple fatal pedestrian hit-and-runs in 2024 alone, including on Finley Boulevard, Princeton Avenue, and 8th Avenue North. Leaving the scene of an injury accident is a Class C felony in Alabama. Here's how to protect yourself, what the law requires, and how to pursue compensation even when the other driver disappears.
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Key Takeaways
- Stay at the scene and call 911 immediately — do not chase the fleeing driver. Give the dispatcher every detail about the vehicle: make, model, color, direction of travel, and any part of the plate number.
- Alabama's 2-year statute of limitations (Ala. Code § 6-2-38) applies to personal injury claims — claims against the City of Birmingham must be filed within 6 months (Ala. Code § 11-47-23).
- Alabama uses CONTRIBUTORY NEGLIGENCE — but the driver's decision to flee the scene strongly undermines any argument that you were primarily at fault.
- Leaving the scene of an accident involving injury is a Class C felony in Alabama (Ala. Code § 32-10-5), punishable by 1-10 years in prison — the driver who hit you faces criminal charges on top of civil liability.
- If you carry uninsured motorist (UM) coverage, it's your primary path to compensation when the driver is never found — an estimated 17% of Alabama drivers are uninsured.
- Birmingham recorded multiple fatal hit-and-runs in 2024, with several remaining unsolved — Crime Stoppers of Metro Alabama actively tracks these cases and offers rewards for tips.
Stay at the scene and call 911
Do not chase the other driver. The impulse is understandable, but pursuing a fleeing vehicle puts you and everyone else on the road at additional risk. Stay where you are, check yourself and any passengers for injuries, and call 911 immediately.
Tell the dispatcher it was a hit-and-run. Give them everything you can about the other vehicle — make, model, color, any distinguishing features, partial plate number, direction they fled, and any damage you noticed on the vehicle. Even a partial plate or a general vehicle description can be enough for police to identify the driver. Birmingham Police Department and surrounding agencies have access to automated license plate reader (ALPR) technology, and a partial plate combined with camera data has helped solve hit-and-run cases across the metro.
If you're able, flag down witnesses before they leave. Other drivers, pedestrians, people at nearby businesses — anyone who saw the vehicle or the crash. A witness description of the fleeing vehicle, combined with a general direction of travel, dramatically increases the odds of finding the driver. Also look for security cameras on nearby buildings and businesses.
Alabama law (Ala. Code § 32-10-1) requires any driver involved in an accident resulting in injury, death, or property damage to stop immediately and remain at the scene. Fleeing is not just a traffic violation — it's a crime.
Get medical attention — don't wait
Even if your injuries seem minor, get to an emergency room the same day. Adrenaline and shock mask pain. Soft tissue injuries, concussions, and internal bleeding don't always produce immediate symptoms — but they can be life-threatening.
UAB Hospital at 619 19th Street South is the only ACS-verified Level I trauma center in the entire state of Alabama, treating over 6,500 trauma patients annually with a survival rate exceeding 96%. Baptist Health Brookwood Hospital, Grandview Medical Center, and St. Vincent's Birmingham also have 24/7 emergency departments. For children, Children's of Alabama is the state's only freestanding pediatric hospital.
Medical documentation matters for two reasons. First, it links your injuries directly to the crash — without that documented connection, any insurance claim becomes harder. Second, if the driver is found later, your medical records become the foundation of your claim against them. If the driver is never identified, you'll need those records to file a claim under your own uninsured motorist coverage.
File a police report and push for investigation
If Birmingham Police responded to the scene, they'll generate a crash report. If they didn't, you need to file one. Contact the Birmingham Police Department at (205) 328-9311 for the non-emergency line, or visit the Records Division at 1710 1st Avenue North, Birmingham, AL 35203. To obtain a copy of a crash report, call (205) 254-6308. Reports cost $10 per copy and can be obtained in person or by mail.
Give the police everything you have: your description of the other vehicle, witness contact information, the time and exact location of the crash, and any photos or video you captured. Ask whether any traffic cameras or nearby security cameras captured the incident. Crime Stoppers of Metro Alabama at (205) 254-7777 tracks unsolved hit-and-run cases and offers rewards for tips leading to arrests — your case may qualify.
The police report is your single most important document. It creates an official record that a hit-and-run occurred, triggers an investigation, and preserves the evidence collected at the scene. Without it, proving what happened becomes significantly harder — especially if the driver is later found and disputes their involvement.
If the accident happened outside Birmingham city limits — in Hoover, Vestavia Hills, Mountain Brook, or Homewood — contact that city's police department. For highway crashes, the Alabama Law Enforcement Agency (ALEA) handles the investigation.
Understand Alabama's hit-and-run laws
Alabama treats hit-and-run offenses seriously. Under Ala. Code § 32-10-1, any driver involved in an accident resulting in injury or death must immediately stop at the scene (or as close as safely possible) and remain until they've fulfilled their legal obligations under § 32-10-2: providing their name, address, and vehicle registration, exhibiting their driver's license, and rendering reasonable assistance to anyone who is injured.
Failing to stop at the scene of an accident involving injury or death is a Class C felony (Ala. Code § 32-10-5), punishable by 1 to 10 years in prison. If the accident involved only property damage, leaving the scene is a Class A misdemeanor. In either case, the driver's license is subject to revocation.
If the hit-and-run driver is identified, they face both criminal prosecution and civil liability for your injuries. The fact that they fled the scene is powerful evidence in your civil claim — it's difficult for someone who ran from the scene to argue they weren't at fault. A jury is likely to view fleeing as consciousness of guilt.
Under Ala. Code § 32-10-3, even hitting an unattended vehicle requires the driver to stop and leave a written notice with their name, address, and circumstances. There is no legal gray area in Alabama: if you hit something, you stop.
Know your insurance options when the driver disappears
If the driver who hit you is never found, your primary path to compensation is through your own uninsured motorist (UM) coverage. Alabama requires all drivers to carry minimum liability insurance of $25,000 per person / $50,000 per accident, but UM coverage is not mandatory. If you opted for UM coverage when you purchased your policy, it can cover your injuries when the at-fault driver is uninsured or unidentified.
An estimated 17% of Alabama drivers carry no insurance — one of the highest uninsured rates in the country. This is a major reason drivers flee accident scenes: they have no insurance and fear criminal and financial consequences. UM coverage exists precisely for situations like this.
If you were a pedestrian or cyclist hit by a fleeing driver, check whether your auto policy includes UM coverage — in many states, including Alabama, UM coverage can apply even when you weren't in a vehicle at the time of the crash. If you don't have your own auto insurance, check whether a household member's policy covers you.
Filing a UM claim is a claim against your own insurance company, not the other driver's. Your insurer will investigate the crash and may try to minimize the payout. Having an attorney represent you in the UM claim process ensures you're not taken advantage of by your own insurer.
Understand how contributory negligence applies
Alabama uses pure contributory negligence — if you are found even 1% at fault, you can be barred from recovering anything. But in hit-and-run cases, the fleeing driver's behavior significantly weakens any contributory negligence defense.
Think about it from the insurance company's perspective: it's hard to argue that you were at fault when their insured driver committed a felony by fleeing the scene. If the driver is found, the fact that they ran undermines their credibility on every point — including any claim that you contributed to the accident.
If the driver is never found and you're pursuing a UM claim, your own insurer may still try to argue contributory negligence to reduce or deny your payout. This is uncommon but not unheard of. Documentation — photos, witness statements, the police report, your medical records — is your best defense against this tactic.
The 'last clear chance' doctrine can also apply: if the other driver had the final opportunity to avoid the crash and failed to act, you may still recover even if some fault could theoretically be attributed to you.
Document everything and preserve evidence
In a hit-and-run, evidence preservation is critical because you may not know who the other driver was. Photograph your vehicle or your injuries from multiple angles. Capture the scene: road conditions, traffic signals, skid marks, debris, and any vehicle fluid or parts left behind by the fleeing vehicle — bumper fragments, paint transfer, broken headlight pieces can all help identify the make and model.
Write down everything you remember about the other vehicle while it's fresh: color, size, body style, any bumper stickers or distinguishing features, the sound of the engine, the direction they fled. Memory fades fast, and these details can be the difference between identifying the driver and not.
If the hit-and-run occurred near a business, go in and ask if they have security camera footage. Request that they preserve it before it's automatically overwritten — many camera systems only store footage for 24-72 hours. Your attorney can subpoena this footage later if needed.
Keep a running record of all your medical treatment, expenses, lost work days, and how your injuries are affecting your daily life. Whether you're pursuing a claim against the identified driver or a UM claim with your own insurer, thorough documentation strengthens your position.
Talk to a personal injury attorney
Hit-and-run cases in Alabama are legally complex. You may be dealing with a criminal investigation, an insurance claim against the other driver (if found), a UM claim against your own insurer, and Alabama's contributory negligence rule — all at once. An experienced attorney navigates all of these threads simultaneously.
If the driver is found, your attorney will pursue a civil claim for damages. If the driver is never identified, your attorney will handle the UM claim with your own insurer — and your insurer's interests are not aligned with yours. They want to pay as little as possible.
Most personal injury attorneys in Birmingham handle hit-and-run cases on contingency — no upfront cost, and they only get paid if you recover money. A free consultation costs you nothing and tells you whether your case has value and what your options are. Cases are filed in the Jefferson County Circuit Court, 10th Judicial Circuit, at 716 Richard Arrington Jr. Blvd North, Birmingham, AL 35203.
If someone was killed in the hit-and-run, the wrongful death statute of limitations is also 2 years (Ala. Code § 6-5-410). Only the personal representative of the deceased's estate can file a wrongful death action in Alabama.