Alabama Accident News
Montgomery County, Alabama | November 6, 2026
A man was struck and killed by a vehicle near the intersection of Folmar Parkway and Bill Joseph Parkway in Montgomery at about 5:45 a.m. on Tuesday, November 3, 2026, and the driver left before officers arrived, according to the Montgomery Police Department. Police later arrested a 26-year-old Montgomery woman and charged her with felony hit-and-run and tampering with evidence.
We are deeply sorry for this man’s family and for everyone who knew him. Police have not released his name, his age, or where he was from, and his family is now left with two sets of questions: how the collision happened, and why the driver did not stop.
What Happened on Folmar Parkway
According to Montgomery police information reported by WSFA and WAKA, officers were called to Folmar Parkway at Bill Joseph Parkway shortly before dawn on Tuesday. They found an adult man who had been struck by a vehicle. He was pronounced dead at the scene. WAKA described it as a single-vehicle collision involving a pedestrian. The vehicle was gone before officers got there.
Investigators identified a suspect, and a 26-year-old Montgomery woman was arrested and booked into the Montgomery County Detention Facility on charges of felony hit-and-run and tampering with evidence. Police have not said what kind of vehicle was involved, which direction it was traveling, whether the man was crossing the road or walking along it, what the lighting was like, or how the driver was identified. The investigation is ongoing.
One date discrepancy: a WSFA follow-up story published late on November 5 gave the date as November 2. WSFA’s own earlier report, WAKA, and the Montgomery Advertiser all place the crash on Tuesday, November 3, and that is the date we use here.
In that same follow-up, WSFA reported that Montgomery police have counted nine deadly pedestrian crashes in the city so far this year, and that this case was one of two recent hit-and-runs that prompted police to warn both drivers and pedestrians.
Who May Be Liable
The charges in this case are about what happened after the impact: leaving the scene and allegedly tampering with evidence. They are not a finding of who caused the collision itself. A criminal case and a civil wrongful death claim are also separate. The criminal case must be proven beyond a reasonable doubt; a civil claim is decided on the lower standard of what is more likely than not.
Alabama law puts specific duties on drivers around pedestrians. Ala. Code § 32-5A-213 requires every driver to exercise due care to avoid colliding with any pedestrian. And when a crash causes injury or death, Ala. Code § 32-10-1 and § 32-10-2 require the driver to stop, remain at the scene, give identifying information, and render reasonable aid, including arranging medical help. Under a 2026 amendment to § 32-10-6 that took effect October 1, 2026, leaving the scene of a crash that causes death is a Class B felony.
Leaving the scene does not by itself prove the driver was careless before the impact. But in a civil case, lawyers and investigators will want to know why the driver left: what she could see, how fast she was going, whether she was distracted or impaired, and what the vehicle looked like before any repairs. The tampering charge means police allege that evidence was altered, hidden, or removed, which makes preserving everything that remains (the vehicle, its onboard data, phone records, and nearby traffic and business cameras) especially important.
There is also an honest weakness the family should understand. Alabama is one of the few states that still follows contributory negligence, a common-law rule confirmed in Golden v. McCurry, 392 So. 2d 815 (Ala. 1980). If a jury finds the person who died was even slightly at fault, recovery can be barred. Alabama law requires pedestrians crossing outside a crosswalk to yield to vehicles (§ 32-5A-212) and, where there is no sidewalk, to use the shoulder or walk facing traffic (§ 32-5A-215). This collision happened at 5:45 a.m., before sunrise, and police have not said where the man was or what he was doing. An insurer will almost certainly look for a way to argue he shared the blame.
That defense has limits. Contributory negligence is not a defense to wanton conduct, and the last clear chance doctrine can still allow recovery if the driver had a clear opportunity to avoid the man and failed to take it. Which of these applies depends on facts that have not been released yet.
- The driver: liability for negligent or wanton driving, if the evidence shows she failed to keep a proper lookout, was speeding, distracted, or impaired.
- The vehicle’s owner and insurer: if someone else owned the vehicle, their auto liability policy may cover a permitted driver.
- The family’s own insurance: uninsured and underinsured motorist coverage under Ala. Code § 32-7-23 can apply when the at-fault driver has no insurance or too little. Alabama courts have long held that this coverage reaches hit-and-run drivers, State Farm Fire & Casualty Co. v. Lambert, 285 So. 2d 917 (Ala. 1973).
Wrongful Death Rights Under Alabama Law
Alabama’s wrongful death statute, Ala. Code § 6-5-410, lets the personal representative of a person’s estate bring a claim when a death is caused by another’s wrongful act, omission, or negligence. The family usually has to have someone appointed as personal representative through the probate court before the claim can be filed.
The deadline is two years from the date of death, not the date of the crash (§ 6-5-410(d)). In this case the man died at the scene, so those dates are the same. Money recovered in an Alabama wrongful death case does not go into the estate to pay its debts; it is distributed to the family under Alabama’s laws of intestate succession.
How Alabama Wrongful Death Damages Are Assessed
Alabama is unusual: wrongful death damages are punitive only. A jury does not calculate lost income, medical bills, or the value of the life that was lost. Instead it decides what amount is appropriate to punish the wrongdoing and deter others, based on how culpable the conduct was.
That makes the facts of the driving itself — and what the driver did afterward — central to the case. The more the evidence shows carelessness or a conscious disregard for a pedestrian’s safety, the more weight a jury may give to the claim.
What Families Should Know
- The criminal case does not decide the civil one. A plea, conviction, or acquittal on the hit-and-run charge does not settle who caused the collision or whether the family can recover.
- Evidence disappears quickly. Business and traffic cameras often overwrite footage within days or weeks, and a vehicle can be repaired or sold. A lawyer can send preservation letters right away.
- Be careful with insurance calls. An adjuster may ask for a recorded statement, ask where the man was walking, or offer a quick settlement before the facts are known. Those conversations are often aimed at building a contributory negligence defense. You do not have to give a recorded statement to the other driver’s insurer.
- Check your own policy. Look for uninsured or underinsured motorist coverage on any household auto policy. It may matter if the driver’s coverage is missing or too small.
- Get the crash report. Learn how to get an Alabama crash report. In an active criminal case, parts of the file may not be released right away.
Taking the First Step Toward Answers
If your family lost someone in this crash, or you were hurt in a pedestrian crash in Montgomery, you can talk it through with a lawyer before you decide anything. There is no cost for the conversation and no obligation that follows it. Call 205-407-6009.
Our firm handles pedestrian accident cases and Alabama wrongful death claims for families across the state. Learn more about our Montgomery personal injury lawyers.
Local Resources for Montgomery County Crash Victims and Families
- Montgomery Police Department (non-emergency): 334-625-2651
- Montgomery County Coroner: 334-240-6400 or 334-301-2993
- Montgomery County Sheriff’s Office: 334-832-4980
- Baptist Medical Center South: 334-288-2100
- Jackson Hospital: 334-293-8000
- Alabama Crime Victims’ Compensation Commission: 1-800-541-9388
Fob James, IV
Fob James obtained a B.S., in software engineering from Auburn University and then continued his education by getting his J.D. from Vanderbilt University School of Law. After working for a large national firm for several years, Fob found that his passion was fighting for individuals who have been seriously injured or wronged by others. Fob believes that the jury is the great equalizer to the power and influence that large corporations have in society. Many of Fob’s cases are high profile and have been featured in, among others: Bloomberg News, PlanAdvisor, AL.com, PlanSponsor, National Law Review, and BusinessInsider. For his work in obtaining numerous multi-million dollar outcomes for his clients, Fob has been recognized by: National Trial Lawyers Top 100, SuperLawyers Rising Star (2020-2026), Birmingham Business Journal Who’s Who in Law (2023-2025), and TrustAnalytica – Top Personal Injury Lawyers in Alabama.