A hit-and-run accident in Alabama is not just a traffic infraction; it is a serious violation of state law (Ala. Code § 32-10-1). State law requires drivers involved in an accident causing injury, death, or property damage to stop, provide information, and render aid. When a driver flees the scene, they face criminal charges that range from a misdemeanor to a felony, depending on the severity of the outcome. For victims, understanding the path from a criminal indictment to a court-ordered restitution payment is the first step toward financial recovery.

The Indictment Process for Felony Hit and Run

In Alabama, the severity of a hit-and-run charge is directly tied to the resulting harm.

• Misdemeanor: Typically involves only property damage.
• Felony: If the hit and run involves a serious injury or fatality, the charge is elevated to a felony.

A felony charge often requires an indictment by a grand jury to proceed to trial. The indictment is a formal accusation that signals the beginning of the most serious phase of the criminal case. Once an indictment is issued and a conviction (or guilty plea) is reached, the court moves to the sentencing phase, where the question of restitution—compensation to the victim—is addressed.

Criminal Restitution in Alabama: A Mandated Right

Alabama law is clear on the right of a victim to financial recovery. Under Alabama Code Title 15, Chapter 18, Article 4A, restitution is recognized as a vital component of the criminal sentence. Its primary goal is to make victims “financially whole” again by compensating them for their direct financial losses caused by the offender’s criminal conduct.

Restitution vs. Civil Lawsuit: Understanding the Difference

It is important for victims to understand that criminal restitution and a civil personal injury lawsuit serve two distinct purposes, yet they can be pursued simultaneously.

Securing Your Restitution Order at Sentencing

For a victim of an Alabama hit-and-run, the path to obtaining a restitution order occurs during the defendant’s sentencing. The following steps are typical after a conviction or plea agreement is secured:

1. Documenting Losses: The victim must compile all verifiable economic losses, which include property damage (vehicle repair or replacement), medical bills, mental health counseling, and lost wages.
2. Victim Loss Statement: Victims are given the opportunity to request restitution and explain their losses by completing a Declaration of Victim Loss Statement. This is typically provided by the U.S. Probation Office (in federal cases) or similar state officials (like the District Attorney’s office or Probation Officer).
3. Restitution Hearing and Order: If the amount is disputed, the court may hold a restitution hearing. In determining the final amount and payment method, the judge is required to consider several factors (Ala. Code § 15-18-68), including:
   • The financial resources and ability of the defendant to pay.
   • The burden or hardship upon the victim as a direct or indirect result of the criminal acts.
   • The mental, physical, and financial well-being of the victim.

Summary of Victim Recovery in Hit and Run Cases

1. Criminal Charges Lead to Restitution: In Alabama, a conviction for a felony hit and run (often following an indictment) triggers the court’s authority to order mandatory restitution for direct financial losses.
2. Losses are Strictly Economic: Court-ordered restitution covers “hard costs” such as medical bills, lost wages, and property damage, but does not cover non-economic damages like pain and suffering.
3. Victim Action is Required: Victims must actively cooperate with the District Attorney and the Probation Officer to submit a verifiable Declaration of Victim Loss Statement to ensure their losses are considered in the sentencing.
4. Dual Recovery is Possible: Victims retain the right to pursue a civil lawsuit against the at-fault driver to recover non-economic damages and other compensation, even while a criminal restitution order is in place.

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Frequently Asked Questions (FAQ)

Q: Can I receive both criminal restitution and a civil settlement in Alabama?

A: Yes. You can pursue both. However, Alabama law requires that the amount the defendant pays in criminal restitution be credited against any judgment you win in your civil lawsuit to prevent “double recovery” for the same financial loss.

Q: Does criminal restitution cover “pain and suffering” damages?

A: No. Criminal restitution is limited to verifiable economic losses, such as medical expenses, property damage, and lost wages. Non-economic damages like pain and suffering are typically only recoverable through a separate civil personal injury lawsuit.

Q: What happens if the convicted driver has no money to pay restitution?

A: The court will still issue the restitution order, which remains enforceable. Payment may be made a condition of probation or parole, and enforcement is court-supervised, potentially through state collection agencies. However, as a practical matter, recovery can be difficult if the defendant is truly insolvent.

Q: How long does a victim have to file a civil lawsuit for a hit-and-run in Alabama?

A: For most personal injury lawsuits in Alabama, the statute of limitations is two years from the date of the crash. It is crucial to act quickly to preserve your right to compensation.

Q: What is the difference between a misdemeanor and a felony hit and run charge?

A: In Alabama, a hit and run is generally a misdemeanor if it involves property damage only. It becomes a felony if it involves a serious injury or death. Felony charges carry much harsher penalties, including longer potential prison sentences and higher fines.

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