Felony Hit and Run in Alabama: Navigating Charges Involving Serious Injuries or Fatalities

A vehicle collision resulting in serious injury or death is a tragedy, but fleeing the scene turns a terrible accident into a severe felony crime. Law enforcement agencies across Alabama dedicate massive resources to tracking down drivers who leave injured victims behind. If you or a loved one are facing these life-altering charges, the most important step you can take is to browse our US Directory of Lawyers to find a highly qualified criminal defense attorney to advocate for your rights in court.

The "Duty to Give Information and Render Aid" Requirement

In Alabama, the law is explicitly clear about what a driver must do following a crash involving bodily harm. The rules apply regardless of who was at fault for the collision.

Rendering Reasonable Assistance

Under Ala. Code § 32-10-1, any driver involved in an accident resulting in injury or death must immediately stop at the scene. Furthermore, Ala. Code § 32-10-2 mandates the "Duty to Give Information and Render Aid." This means you must provide your name, address, and vehicle registration number. Crucially, you must render reasonable assistance to the injured person, which generally includes calling 911 or arranging for transportation to a hospital if it is apparent that medical treatment is necessary. Under Ala. Code § 32-10-6, leaving the scene of an accident resulting in personal injury or death is prosecuted as a Class C felony punishable by 1 to 10 years in prison under Ala. Code § 13A-5-6(a)(3) and fines up to $15,000 under Ala. Code § 13A-5-11(a)(3). Effective October 1, 2026, under the Devinee Rooney and John Wesley Holt Safe Streets Act (Ala. Act 2026-64), leaving the scene of a crash resulting in death or serious physical injury is elevated to a Class B felony carrying 2 to 20 years in prison under Ala. Code § 13A-5-6(a)(2) and fines up to $30,000 under Ala. Code § 13A-5-11(a)(2), while non-serious physical injury remains a Class C felony.

Overlapping Criminal Charges in Alabama

A felony hit-and-run rarely happens in a vacuum. Prosecutors in major jurisdictions like Jefferson County or Montgomery County will often stack multiple charges against a fleeing driver depending on the circumstances of the crash.

Vehicular Manslaughter and Homicide

If the hit-and-run resulted in a fatality, the charges become exponentially worse. If the driver was intoxicated or driving recklessly at the time of the crash, the state may file vehicular homicide or manslaughter charges alongside the hit-and-run felony. In these situations, the driver could be facing decades in an Alabama state penitentiary.

DUI and Leaving the Scene

Many drivers panic and flee an injury accident because they are under the influence of alcohol or drugs. If law enforcement tracks down the driver shortly after the crash and discovers impairment, the driver will face a DUI charge in addition to a Class B or Class C felony charge for leaving the scene. This combination severely limits the possibility of leniency from a judge.

Legal Defenses: Falsely Identified as the Driver

Because hit-and-runs are chaotic, witnesses and victims often misidentify the fleeing vehicle or the person behind the wheel. A skilled attorney will heavily scrutinize the state's evidence.

It Was Your Car, But Not You Driving

Police often trace a fleeing vehicle via its license plate. However, owning the car does not prove you were driving it at the time of the crash. If a friend, family member, or thief was driving your vehicle when it struck a pedestrian in Mobile or Huntsville, you cannot be convicted of the hit-and-run. Your defense lawyer can help establish a strong alibi to prove you were elsewhere during the incident.

Unawareness of Injury

In some rare, highly specific cases, a driver may have believed they hit an animal or a pothole on a dark road, completely unaware they struck a pedestrian. While difficult to prove, a defense based on a genuine lack of knowledge that a person was injured can sometimes mitigate the charges from a felony to a lesser offense.

How Much Does a Felony Conviction Cost?

The financial ruin associated with a felony hit-and-run in Alabama can be just as devastating as the potential prison time.

How Long Does the Process Take?

Unlike minor traffic tickets, a felony case moves slowly. From the initial arrest to a grand jury indictment and a potential jury trial in an Alabama Circuit Court, the process can easily take 1 to 2 years. During this time, defendants are often subject to strict bail conditions, such as travel restrictions and electronic monitoring.

Frequently Asked Questions (FAQ)