Hit and Run in Mobile — The Driver Fled, But Your Options Didn't
A driver runs a red light at the Dauphin Street and Broad Street intersection, clips your vehicle, and accelerates away before you can read the plate. Or you are rear-ended on the I-65 southbound on-ramp and the driver disappears into Airport Blvd traffic before police arrive. In Mobile County, hit-and-run accidents happen regularly — and the instinct of most victims is to assume that because the other driver fled, there is no one to hold accountable and no way to recover.
That instinct is wrong. At Simmons Law, Chris Simmons handles hit-and-run cases in Mobile County by working two tracks simultaneously: identifying the fleeing driver through every available means, and immediately securing the insurance coverage that protects you whether or not the driver is ever found.
Alabama § 32-10-1 — Duty to Stop at an Accident
Alabama Code § 32-10-1 imposes a legal obligation on every driver involved in an accident to immediately stop, provide their information, and render reasonable assistance to anyone injured. Leaving the scene of an accident in Alabama is a criminal offense — a misdemeanor for property-damage-only crashes, and a felony when the accident involves injury or death. That criminal exposure matters because it creates an urgent incentive for hit-and-run drivers to stay hidden — and for your attorney to move quickly.
Your UM Coverage Covers Hit-and-Run — Alabama § 32-7-23
Here is what most hit-and-run victims in Alabama do not know: your own uninsured motorist coverage under Alabama § 32-7-23 applies to hit-and-run accidents where the at-fault driver is never identified. You do not need to find the fleeing driver to make a claim. Your own insurer steps in as the de facto insurer of the phantom vehicle.
Alabama's UM statute does require evidence that a hit-and-run actually occurred — the insurer will not simply accept your word for it. The practical requirement is either physical contact evidence (damage to your vehicle consistent with another vehicle's involvement) or credible witness testimony that corroborates the hit-and-run. This makes the steps you take at the scene immediately after the crash critical.
What to Do at the Scene — Protecting Your UM Claim
If you are able after a hit-and-run accident in Mobile, take these steps before leaving the scene:
Photograph every angle of your vehicle's damage. The damage pattern itself is evidence that another vehicle was involved. Capture close-up and wide-angle shots.
Look for witnesses immediately. Anyone who saw the crash or the fleeing vehicle is potentially critical to your UM claim and to identifying the driver. Get names and phone numbers before they leave.
Note everything you can about the fleeing vehicle — color, make, model, any partial plate information, direction of travel after the crash. Even partial information helps.
Call Mobile Police Department immediately. The MPD crash report documenting the hit-and-run is a foundational document for both your UM claim and any subsequent criminal investigation.
ALEA Crash Report — The Paper Trail That Protects You
The Alabama Law Enforcement Agency crash report generates a formal record of the accident, including the hit-and-run driver's absence. That report is submitted through ALEA's traffic records system and is distinct from the initial MPD incident report. Obtaining the full ALEA crash report — not just the field slip — is one of Simmons Law's first steps in every hit-and-run case. It is required documentation for the UM claim and for any subrogation effort if the driver is later identified.
How Simmons Law Investigates Hit-and-Run Drivers
The camera infrastructure along Mobile's major corridors is more extensive than most drivers realize. The Alabama Department of Transportation maintains traffic cameras on I-65 and I-10. The City of Mobile operates red-light cameras and intersection monitoring equipment at key Downtown Mobile intersections. Businesses along Airport Blvd and Dauphin Street maintain external surveillance cameras, and the growth of residential ring cameras means residential blocks in Mobile now have significant coverage.
Simmons Law sends preservation requests to businesses and the city immediately upon retention — before 48-72 hour overwrite cycles eliminate footage. This preservation work has led to driver identification in cases where the initial investigation produced no leads.
Beyond camera data, Simmons Law works with MPD detectives, accesses vehicle paint transfer databases, and in cases involving commercial vehicles, contacts the relevant carrier directly. Hit-and-run cases involving commercial vehicles are particularly amenable to driver identification because the vehicle typically returns to a depot and the damage is discovered and documented.
Made-Whole Doctrine — Even Against Your Own Insurer
When you make a UM claim against your own insurer for a hit-and-run accident, Alabama's made-whole doctrine still applies. If the driver is eventually identified and your insurer pursues subrogation — seeking reimbursement from the driver or their insurer — your insurer must make you whole first before recovering anything for itself. Your full recovery takes priority over your insurer's subrogation interest.
Medical Care and Documentation
Hit-and-run accidents often involve significant physical trauma — the fleeing driver frequently accelerates to escape, creating high-energy impacts. USA Health University Hospital on the University of South Alabama campus and Mobile Infirmary operated by Infirmary Health are Mobile's primary trauma facilities. Medical documentation beginning at the emergency room is the foundation of your damages claim. Follow through on all specialist referrals and keep records of every appointment.
Mobile County Circuit Court — When the Driver Is Found
If the hit-and-run driver is identified — through camera footage, witness tips, paint transfer analysis, or other investigation — they face both criminal prosecution under § 32-10-1 and civil liability for your injuries in Mobile County Circuit Court at 205 Government Street. A criminal conviction for leaving the scene becomes powerful evidence in the civil case. Simmons Law prepares the civil case for both contingencies from the beginning.
If you were the victim of a hit-and-run accident anywhere in Mobile County — on Dauphin Street, Airport Blvd, the I-65 on-ramps, or any Mobile County road — contact Simmons Law immediately. Chris Simmons will personally review the facts, identify your UM coverage, and initiate the investigation before evidence disappears.
