(a) The driver of any motor vehicle involved in an accident resulting in injury to or the death of any person, or in damage to any vehicle driven or attended by any person, shall immediately stop the vehicle at the accident scene or as close thereto and shall return to or remain at or as close to the scene of the accident until he or she has fulfilled the requirements of Section 32-10-2. Every such stop shall be made without obstructing traffic more than is necessary.
(b) If the accident does not involve any apparent injury or the death of a person and the driver is not impaired, the driver may immediately move the vehicle from the roadway to the shoulder, emergency lane, median, or other location close to the accident site if the vehicle is drivable and can be safely moved from the roadway and shall return to or remain at or as close to the scene of the accident as safely possible.
(c) Employees of the Alabama Department of Transportation or any state or local law enforcement officer may move a vehicle, require a vehicle to be moved by the driver or with the assistance of a towing or recovery vehicle, or assist in the moving of a vehicle from a roadway under the jurisdiction of the Department of Transportation if the vehicle is disabled as a result of an accident, the disabled vehicle creates a traffic hazard, or the disabled vehicle is obstructing traffic. A vehicle involved in an accident with injury to or death of any person may not be moved until directed by a law enforcement officer.
(d) This section does not relieve a driver from complying with any other duties imposed in this chapter.
(e) Employees of the Department of Transportation and any state and local law enforcement officer exercising authority under this section shall not be liable for damages caused by moving a vehicle pursuant to this section.
(f) Section 36-1-12 shall apply to employees of the Department of Transportation and any state and local law enforcement officer relating to any claim resulting from the exercise of authority under this section.
(g) The director shall revoke the driver license of a person convicted under this section.
(Acts 1943, No. 558, p. 548, §2; Act 2017-376, §1; Act 2022-340, §1.)
Notes of Decisions
Cited in
28
cases (
3 in the last 5 years), 1978–2025 · leading case:
Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005).
Kennedy v. State, 929 So. 2d 515 (Ala. Crim. App. 2005).
· cites it 6× “Martin's offense was proscribed by § 32-10-1, Ala.Code 1975, and the penalty therefor was provided in § 32-10-6, Ala.”
Best v. State, 895 So. 2d 1050 (Ala. Crim. App. 2004).
· cites it 2× “Lamar had entered a guilty plea to the offense of leaving the scene of an accident, a violation of § 32-10-1, Ala.Code 1975, and he argued on appeal that "the circuit court improperly ordered him to pay restitution because, he argue[d], the injuries the victims sustained were…”
Hayes v. State, 588 So. 2d 502 (Ala. Crim. App. 1991).
· cites it 2× “Leonard Lavon Hayes, the appellant, was convicted of leaving the scene of an accident in violation of Ala.Code 1975, § 32-10-1, and was sentenced to 15 years' imprisonment.”
Lamar v. State, 803 So. 2d 576 (Ala. Crim. App. 2001).
· cites it 4× “Brent Bernard Lamar pleaded guilty to the offense of leaving the scene of an accident, a violation of § 32-10-1, Ala. Code 1975. Lamar was sentenced to five years’ imprisonment.”
State v. Rosario, 841 A.2d 254 (Conn. App. Ct. 2004).
“There was no evidence of any threats or a display of weapons at the scene of the accident in tire present case that might have justified Ihe defendant’s failure to stop. We note that many similar hit-and-run statutes of other jurisdictions provide that the operator shall…”
Martin v. State, 625 So. 2d 455 (Ala. Crim. App. 1992).
· cites it 6× “Code 1975, § 32-10-1. He was sentenced as a habitual felony offender to 15 years’ imprisonment.”
Key v. State, 890 So. 2d 1043 (Ala. Crim. App. 2002).
“Code 1975, and § 32-10-1, Ala.Code 1975, respectively. He was sentenced as a habitual offender to life imprisonment for the manslaughter conviction and to 99 years' imprisonment on the leaving-the-scene-of-an-accident conviction, with the sentences to run concurrently.”
Hammonds v. State, 7 So. 3d 1055 (Ala. 2008).
“Finally, in case number CC-04-3843, he was indicted for leaving the scene of an accident pursuant to § 32-10-1, Ala.Code 1975. The jury found [Hammonds] guilty of reckless murder pursuant to § 13A-6-20 (a)(2), Ala.”
Hammonds v. State, 7 So. 3d 1038 (Ala. Crim. App. 2006).
· cites it 2× “Finally, in case number CC-04-3843, he was indicted for leaving the scene of an accident pursuant to § 32-10-1, Ala.Code 1975. The jury found the appellant guilty *1040 of reckless murder pursuant to § 13A-6-20(a)(2), Ala.”
Holderfield v. State, 255 So. 3d 746 (Ala. Crim. App. 2017).
· cites it 2× “Lamar had entered a guilty plea to the offense of leaving the scene of an accident, a violation of § 32-10-1, Ala. Code 1975, and he argued on appeal that 'the circuit court improperly ordered him to pay restitution because, he argue[d], the injuries the victims sustained were…”
Lowe v. State, 627 So. 2d 1127 (Ala. Crim. App. 1993).
“The appellant, Charles Lowe, was indicted for leaving the scene of a motor vehicle accident involving death, in violation of § 32-10-1, Code of Alabama 1975. The jury found the appellant guilty of the offense charged in the indictment.”
McCorvey v. State, 642 So. 2d 1351 (Ala. Crim. App. 1992).
· cites it 2× “The appellant was convicted of the offense of leaving the scene of an accident, in violation of § 32-10-1, Code of Alabama 1975. He was sentenced to 10 years’ imprisonment and was ordered to pay restitution of $379.”
— Ala. Code § 32-10-1(a) — 3 cases
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