Alabama Hit-and-Run Penalties and Restitution

Post Overview: Navigating Alabama Hit-and-Run Law

Leaving the scene of an accident—commonly known as a hit-and-run—is a serious criminal offense in Alabama, carrying penalties that range from a Class A misdemeanor to a Class C felony. This post provides a detailed look at the sentencing structure under the Alabama Code and explains the victim’s right to *criminal restitution* for financial losses. Understanding the difference between criminal penalties, restitution, and a separate civil lawsuit is crucial for anyone involved in this complex legal situation.

The Statutory Duty to Stop: Alabama Code § 32-10-1

In Alabama, all drivers involved in a motor vehicle accident resulting in injury, death, or damage to a vehicle driven or attended by any person are legally required to stop immediately at the scene. This duty is codified primarily under Alabama Code § 32-10-1.

Failing to fulfill these core responsibilities—which include exchanging information, showing a driver’s license upon request, and rendering reasonable assistance to the injured—constitutes the crime of leaving the scene of an accident. The severity of the criminal charge depends entirely on the outcome of the crash.

Sentencing: Misdemeanor vs. Felony Charges

An Alabama court classifies a hit-and-run charge as either a misdemeanor or a felony, dictating the potential fines and jail time. Conviction for either offense also carries the mandatory consequence of driver’s license revocation by the Director of Public Safety.

Penalties for Hit-and-Run in Alabama

Offense Type	Classification	Imprisonment	Fine
Property Damage Only	Class A Misdemeanor	Up to 1 year in jail	Up to $6,000
Injury or Death	Class C Felony	1 year and 1 day to 10 years in prison	Up to $15,000

Tip: License Revocation

In addition to criminal sentencing, a conviction for leaving the scene of an accident under Alabama Code § 32-10-1 will result in the mandatory revocation of the driver’s license.

The Crucial Role of Criminal Restitution

Beyond fines and incarceration, sentencing in a hit-and-run case will almost certainly involve an order for restitution. Restitution is a mechanism within the criminal justice system that requires the convicted defendant to pay the victim for financial losses directly caused by the crime.

Mandatory Hearing and Scope of Restitution

Under Alabama Code § 15-18-67, if a defendant is convicted of a crime that resulted in pecuniary damage or loss to a victim, the court is legally required to hold a hearing to determine the amount and type of restitution. Restitution is limited to verifiable economic losses, which can include:

Medical bills and costs for ongoing treatment.
Property damage (e.g., vehicle repair or replacement).
Lost wages or earnings.
Other out-of-pocket expenses directly related to the crime.

Important Distinction: Restitution is Compensatory

Restitution is designed to compensate the victim for their hard costs and is not intended to be a punitive measure against the defendant. It does not cover non-economic damages like pain and suffering or emotional anguish, which are recoverable only through a civil lawsuit.

Criminal Restitution vs. Civil Recovery

Victims of a hit-and-run may pursue two separate legal paths to financial recovery: criminal restitution and a civil personal injury lawsuit. In Alabama, a restitution order in a criminal case is a final judgment that has all the force and effect of a final judgment in a civil action (Alabama Code § 15-18-78). Importantly, pursuing criminal restitution does not prevent a victim from filing a civil lawsuit.

Case Focus: Dual Recovery Paths

In a hit-and-run scenario, victims can and often do seek both forms of recovery to cover all their losses.

Criminal Restitution: Focused on holding the offender accountable and covering verifiable economic losses. This process is managed largely by the court and government entities like the probation officer.
Civil Lawsuit: Focused on making the victim whole. This pathway, handled by a private Legal Expert, covers all damages, including economic losses *and* non-economic damages like pain and suffering. Furthermore, if the defendant’s actions were particularly egregious, the civil suit may allow for punitive damages.

Summary of Alabama Hit-and-Run Consequences

A hit-and-run is a crime defined by the failure to stop and fulfill duties after an accident resulting in injury, death, or property damage, as mandated by Alabama Code § 32-10-1.
The charge is a Class C felony (1–10 years prison, up to $15,000 fine) if injury or death occurred, or a Class A misdemeanor (up to 1 year jail, up to $6,000 fine) for property damage only.
A conviction mandates a court hearing to order criminal restitution, covering the victim’s economic losses like medical bills and property damage.
Victims can pursue both criminal restitution and a separate civil lawsuit to fully recover all damages, including non-economic losses like pain and suffering, which restitution does not cover.

Card Summary: Your Legal Options

Facing a hit-and-run charge or dealing with the aftermath as a victim is overwhelming. A strong defense or a successful claim for compensation requires a clear understanding of Alabama’s statutes. If convicted, the penalty is severe, including license revocation, jail or prison time, and mandatory restitution. As a victim, know that you have a right to pursue economic damages through the criminal process (restitution) and both economic and non-economic damages (like pain and suffering) through a civil claim.

Frequently Asked Questions (FAQ)

1. What is the minimum prison sentence for a felony hit-and-run conviction in Alabama?

A conviction for a Class C felony hit-and-run, which involves injury or death, carries a minimum prison sentence of one year and one day.

2. Does criminal restitution cover “pain and suffering” damages?

No. Criminal restitution in Alabama is limited to verifiable economic losses, such as medical bills, lost wages, and property damage. Non-economic damages like pain and suffering must be sought through a separate civil lawsuit.

3. Can I still file a civil lawsuit if the court orders criminal restitution?

Yes. The restitution order does not prevent the victim from pursuing other remedies, and a civil lawsuit can be filed simultaneously to recover damages not covered by restitution.

4. What must a driver do to avoid a hit-and-run charge?

The driver must immediately stop, exchange their name, address, and vehicle registration, show their driver’s license upon request, and render reasonable assistance to the injured.

5. What is the penalty for a property-damage-only hit-and-run?

A hit-and-run involving only property damage is classified as a Class A misdemeanor, punishable by up to one year in jail and a fine up to $6,000.

Disclaimer: AI-Generated Content Notice

This content was generated by an artificial intelligence model and is intended for informational purposes only. It is not a substitute for professional legal advice from a licensed Legal Expert. Laws, statutes, and case law (such as Alabama Code § 32-10-1 and § 15-18-67) are subject to change and specific judicial interpretation. Always consult with a qualified Legal Expert to discuss the specific facts of your case.

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For guidance on navigating the penalties and securing the restitution you are owed, seeking advice from an experienced Legal Expert is the most prudent step.

Alabama Hit and Run, Leaving the Scene of an Accident, Class C Felony, Class A Misdemeanor, Criminal Restitution, Civil Recovery, Driver’s License Revocation, Alabama Code § 32-10-1, Uninsured Motorist Coverage, Property Damage, Criminal, DUI, Tort, Sentencing, Statutes & Codes, Case Law, State Courts, Fines and Jail Time

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