When the driver responsible for your car accident injuries flees the scene, you may be left wondering what to do. A hit-and-run accident can change your life forever, resulting in serious injuries and the possible death of a close loved one.
There are a variety of reasons why a negligent driver may flee the scene of an accident. A Birmingham hit-and-run accident attorney may be able to help you through this difficult time. From investigating your accident to holding the responsible party accountable for their actions, we will do our best to bring you justice.
Hit-and-Run Accidents and Your Injuries
According to the AAA Foundation for Traffic Safety, more than one hit-and-run crash occurs every minute in the United States. In addition, motorists, pedestrians, and bicyclists are also at risk of encountering a hit-and-run driver.
When the sudden impact of a violent car crash is over, the parties involved are to remain onsite and, if possible, render aid. This isn’t just a personal choice – it is required by Ala. Code § 32-10-2.
The law states the following requirements regarding vehicle accidents and the responsibilities of motorists:
- Remain on the scene
- Provide information
- Render aid
Failure to remain on the scene can result in the following criminal charges:
- For property damage: A Class A misdemeanor
- For an injury or fatality: A Class C felony
You must stay on the scene until you can give a report to the police about what happened. Naturally, if you’re taken to the hospital for treatment at the scene, the police will come by later to question you. You will not be charged with hit-and-run in this case.
For a free legal consultation with a Hit and Run Accident lawyer serving Birmingham, call (205) 380-4158
Birmingham Hit-and-Run Accident FAQ
Being hit by a negligent driver who then sped off and left the scene can be extremely frustrating. What recourse do you have? A Birmingham hit-and-run accident lawyer can answer your questions.
Is a Hit-and-Run a Felony in Alabama?
Can You Sue Someone for a Hit-and-Run in Birmingham?
Can I Still Sue Despite the Criminal Case?
What if the Hit-and-Run Driver Can’t Be Found?
Is a Hit-and-Run a Felony in Alabama?
Under Ala. Code § 32-10-1, a driver’s duty in an accident is to stay at the scene to exchange information, render aid, and contact law enforcement to report the crash. Leaving the scene of the accident could result in criminal charges.
However, the only time a hit-and-run is a felony in Alabama is if the accident resulted in injuries or death. Leaving the scene of an injurious or fatal accident is a Class C felony, which is punishable by one year and one day to ten years in prison and a fine of up to $15,000 under Ala. Code § 13A-5-6.
Leaving the scene of an accident that has only resulted in property damage is considered a Class A misdemeanor. This crime is punishable by up to one year in jail and/or a fine of up to $6,000 under Ala. Code § 13A-5-7.
Can You Sue Someone for a Hit-and-Run in Birmingham?
There is no law that says you can’t sue someone for a hit-and-run in Birmingham. But to do so, you’ll need to know who hit you. When a driver flees the scene of an accident they caused, knowing who to sue can become problematic. Identifying the hit-and-run driver can be challenging. It’ll require:
- Interviewing witnesses
- Gathering physical evidence from the scene
- Analyzing any available surveillance or dashcam video footage
You’ll need to notify the police and your insurance company of the accident, as they both can help to investigate the accident and identify the other driver. If you hire a Birmingham hit-and-run accident attorney, they can also assist with the investigation.
Without identifying the other driver, you’re left to pursue compensation from your own insurance company under your uninsured motorist policy coverage or collision coverage. Finding the other driver will take some time, but it’s vital to:
- Recovering the full compensation you deserve
- Getting justice in your case
- Letting the criminal justice system work
Can I Still Sue Despite the Criminal Case?
In addition to having their license revoked, hit-and-run drivers (when apprehended) face stiff fines and jail time. Their criminal charges in a criminal case have no bearing on any civil litigation.
It is your right under Alabama law to pursue civil action. However, you must do so quickly, as every state has its own statute of limitations for personal injury claims. In Alabama, the general deadline is two years, though certain circumstances can make this as short as six months.
Our Birmingham hit-and-run accident attorneys will ensure that your case is filed on time.
What if the Hit-and-Run Driver Can’t Be Found?
If the driver of the hit-and-run car cannot be found, there may still be a chance to secure compensation through your own insurance. Your uninsured motorist insurance, should you carry it, will often cover hit-and-run situations.
What is covered by your policy and how much you can get will depend on the details of your coverage. Our team can examine your auto policy and see if this route to compensation is open to you and best for your situation.
Birmingham Hit and Run Accident Lawyer Near Me (205) 380-4158
Common Reasons Drivers Flee the Scene of an Accident
While there is no real way to determine why a driver flees the scene of an accident, several key reasons are often to blame, including:
- The driver has an outstanding warrant
- The driver is drunk or under the influence of drugs
- The driver does not have a valid driver’s license
- The car is stolen
- The driver is fearful of the consequences of their actions
- The driver lacks empathy for others at the scene
There are many other factors that may explain why a driver chooses to flee the scene of an accident. Identifying and locating the driver responsible for your injuries is often highly dependent on evidence from the accident scene.
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Gather As Much Evidence As You Can to Find the Driver
Good citizens who witness the accident and have the presence of mind to take pictures or to capture video of the offender and/or the offender’s vehicle can help your case. Gathering the contact information for witnesses is vital for possibly identifying the driver.
Surveillance video from area businesses is another form of possible evidence. If you have a dashcam in your car, that could be the best evidence of all if it was lucky enough to capture the other vehicle. Dashcam footage may be able to get a license plate.
If law enforcement has not identified or located the driver responsible for your accident injuries, you can still pursue civil action. By contacting a Birmingham hit-and-run accident attorney, you can focus on healing while they focus on building a strong case on your behalf.
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Hold the Hit-and-Run Driver Responsible for Your Injuries
It is unfortunate enough that a negligent driver failed to share the road – the fact that they attempted to leave the scene may only compound your anger and frustration.
In cases where the driver is identified, their insurance company may offer you a settlement. Should you accept the offer, you forfeit your right to pursue legal action later should your medical condition worsen, or if circumstances change.
Fleeing the scene of an accident is a cowardly act that demands justice. If you were seriously injured due to the careless actions of a hit-and-run driver, contact the Morris Bart law firm today for a free case evaluation.
How a Personal Injury Lawyer Can Help You
Once the responsible driver is both identified and located, a personal injury lawyer can negotiate with the insurance company for the type of settlement you may be eligible to receive. If necessary, we are ready to go to trial for the best outcome possible.
If the driver has no insurance, or law enforcement is unable to locate them, your insurance policy may cover your costs – if you have the correct type of insurance coverage.
Hit-and-run cases are quite complex when the driver who caused your injuries is never found. Your insurance company may deny or delay coverage due to the specific terms of your policy. If your insurance company is refusing to honor your coverage during this difficult time, a hit-and-run accident lawyer in Birmingham may be able to help.
Take Action: Contact the Morris Bart Law Firm Today
You should not have to pay out-of-pocket for expenses that are the result of a reckless driver who chose to flee the scene of an accident. If the responsible driver is never located, your insurance company must honor the terms of your auto policy.
If you suffered serious injuries or lost a close loved one due to a negligent hit-and-run driver, you may have the right to pursue civil action. Call the Morris Bart law firm now for a free case evaluation. We work on a contingency-fee basis, meaning you owe us nothing unless we secure compensation for you.
Your case demands urgent attention and action. If you were seriously injured by a driver who chose to flee the scene, a Birmingham hit-and-run accident lawyer may be able to help. Remember, you owe us nothing if we do not win your case. Seek the justice you deserve by reaching out to our legal team today.
Questions?Call (205) 380-4158
to find a Morris Bart office near you.
