Roughly 700,000 hit-and-run crashes occur across the United States every year, and Alabama consistently ranks among the top 20 worst states for hit-and-run fatalities.
Whether you’ve been injured by a driver who fled or you’re facing charges yourself, the question on your mind is likely the same: Is a hit and run a felony? In Alabama, the answer depends entirely on what the driver left behind.
Under Alabama Code § 32-10-1, every driver involved in an accident is legally required to stop, exchange information, render aid to anyone injured, and contact law enforcement.
Leaving without doing so is a criminal act — but the severity of the charge hinges on one factor: whether the accident caused only property damage or resulted in injury or death.
That distinction is the line between a misdemeanor and a felony, and it carries consequences that can follow a person for the rest of their life.
Misdemeanor vs. Felony: How Alabama Classifies Hit and Run Offenses
Not every hit and run carries the same weight under Alabama law. The classification depends on the outcome of the accident, and the gap between the two categories is significant. Understanding where your situation falls is the first step toward knowing what to expect.
Here’s how Alabama draws the line:
- Property damage only — Class A misdemeanor. If the accident caused damage to a vehicle, structure, or other property but no one was physically harmed, leaving the scene is a misdemeanor under Ala. Code § 13A-5-7. Penalties include up to one year in jail and fines up to $6,000.
- Injury or death — Class C felony. If anyone was injured or killed in the accident, leaving the scene elevates the charge to a felony under Ala. Code § 13A-5-6. A conviction carries one to ten years in prison and fines up to $15,000.
- License consequences compound the criminal penalties. A misdemeanor conviction may result in a license suspension, while a felony conviction can lead to permanent revocation of driving privileges.
- A permanent criminal record follows either conviction. Both misdemeanor and felony hit-and-run convictions remain on your record, affecting employment opportunities, insurance rates, and housing applications.
So is a hit and run a felony in every case? No — but in any accident where someone was hurt, even with injuries that initially seem minor, the answer is yes. And the irony is that the penalties for fleeing often far exceed what the driver would have faced had they stayed.
What Alabama Law Requires You to Do after an Accident
Alabama’s requirements for drivers involved in a crash are spelled out in § 32-10-2, and they apply regardless of who caused the accident. Failing to follow any of these steps can form the basis of a hit-and-run charge.
Every driver involved in a collision must:
- Stop immediately at or near the scene. Moving your vehicle to a safe location is acceptable, but leaving the area entirely is not.
- Provide identification and contact information. Your name, driver’s license number, and vehicle registration must be shared with the other party and with responding officers.
- Render reasonable assistance to anyone who is injured. This includes calling 911 and, when possible, staying until emergency services arrive.
- Report the accident to law enforcement. Alabama law requires a police report when the collision results in injury, death, or significant property damage.
Drivers who fulfill these obligations — even when they caused the accident — face far lighter legal consequences than those who flee. The act of leaving is what transforms a routine car accident into a criminal matter.
Your Rights as a Hit-and-Run Victim in Alabama
If a driver hit you and fled the scene, the criminal case against them is only one piece of the picture. You also have the right to pursue civil compensation for your injuries and property damage — and Alabama law provides several pathways to do that, even if the driver is never identified.
Here’s what victims should know:
- If the driver is identified, you can file a personal injury claim. This works the same as any other car accident claim — you pursue compensation from the at-fault driver’s insurance or through a lawsuit for medical expenses, lost wages, and pain and suffering.
- If the driver is not found, uninsured motorist coverage may apply. Alabama doesn’t require uninsured motorist coverage, but insurers are required to offer it. If you carry it, this policy covers your damages when the at-fault driver is unknown or uninsured.
- Alabama’s contributory negligence rule still applies. Even in hit-and-run cases, the defendant can argue you share fault. Preserving evidence at the scene — photos, witness information, dashcam footage — helps protect your claim.
- Criminal restitution may supplement your civil recovery. If the driver is convicted, the court may order restitution for your direct financial losses, including medical bills and property repair costs.
The criminal and civil cases are separate proceedings. A criminal conviction doesn’t automatically result in compensation for victims — you’ll need to pursue your own claim to recover damages.
Frequently Asked Questions about Hit and Run Felony Charges in Alabama
People involved in hit-and-run situations — whether as victims or as drivers — often have urgent questions about what happens next.
Below are clear answers to the most common ones about whether a hit and run is a felony and what the legal process looks like in Alabama.
Can a Misdemeanor Hit and Run Be Upgraded to a Felony Later?
Yes. If injuries are discovered after the initial report — for example, if a pedestrian seeks medical treatment hours or days later — the charge can be upgraded from a misdemeanor to a felony.
This is one reason why leaving the scene of any accident is risky, even when it appears no one was hurt at the time.
What if I Left the Scene but Came Back or Turned Myself In?
Returning to the scene or voluntarily contacting law enforcement may be considered a mitigating factor during sentencing, but it does not eliminate the charge.
You can still be prosecuted for leaving. However, cooperation with authorities generally works in your favor compared to being identified through an investigation.
How Long Do Police Have to Charge Someone with a Hit and Run?
Alabama’s general statute of limitations for felony charges is five years, and for misdemeanors it is one year. This means a driver who flees can face charges long after the incident occurred, particularly if new evidence — such as surveillance footage or witness identification — surfaces later.
Does a Hit-and-Run Conviction Affect a Civil Lawsuit?
A criminal conviction can serve as evidence in a related civil case, making it harder for the at-fault driver to deny responsibility. However, the civil claim is a separate proceeding with its own evidentiary standards and timeline, so victims still need to file independently.
Whether you’re asking is a hit and run a felony because you’ve been charged, or because you’ve been injured by a driver who fled, the legal implications in Alabama are serious either way.
Left Dealing with Someone Else’s Decision to Run? Let’s Talk
A hit-and-run leaves victims with injuries, vehicle damage, and unanswered questions — all while the person responsible tries to avoid accountability.
Alabama law gives you tools to pursue compensation, but the process requires preserving evidence, navigating insurance claims, and understanding how contributory negligence applies to your case.
Our experienced car accident attorneys here at Baxley Maniscalco have represented hit-and-run victims across Alabama, and we know how to track down fleeing drivers, subpoena evidence, and build claims that hold the responsible party accountable — whether through their insurance, a civil lawsuit, or both.
Your initial consultation is free, confidential, and carries no obligation. We’ll review the facts, explain your options, and give you an honest assessment of what your case is worth.
Call or text us today at (256) 770-7232 to schedule your FREE and confidential consultation.
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