Kevin A. Arita-Alvarado Killed in Birmingham Pedestrian A...
The crash occurred on Green Springs Highway at Red Mountain Terrace.
Kevin A. Arita-Alvarado, 20, of Center Point, died early Sunday after a vehicle hit him and fled the scene in Birmingham, the Jefferson County Coroner's Office said. The crash happened on Green Springs Highway near Red Mountain Terrace.
Authorities identified Arita-Alvarado on Monday. He was walking in the road when the vehicle struck him, police said.
The crash occurred around 2 a.m. Sunday. Paramedics responded to the scene.
Arita-Alvarado was pronounced dead at the scene at 2:32 a.m., according to official reports. His body was taken to the coroner's office.
Birmingham police are investigating the hit-and-run. They are seeking information about the vehicle and its driver.
Investigators are examining evidence from the scene and asking the public for details. Police have not released a description of the vehicle.
Green Springs Highway is a busy road in Birmingham. The intersection with Red Mountain Terrace can be challenging for pedestrians, police said.
Anyone with information about the crash should contact the Birmingham Police Department.
The hit-and-run death of Arita-Alvarado on Green Springs Highway highlights the complex nature of pedestrian accidents involving a fleeing driver. Birmingham police are investigating the circumstances surrounding the 2:00 a.m. Sunday collision. Candice Bond, managing partner at Bond Legal, discussed the behavior of drivers in such incidents. "Most people don't realize that last-mile delivery vans are often driven by less experienced workers under extreme time pressure," Bond said. "Telematics data from these fleets can show if a driver's phone was being used."
The absence of an immediate suspect vehicle following the hit-and-run on Red Mountain Terrace presents specific challenges for investigators.
What evidence do police look for in hit-and-run cases like the one on Green Springs Highway?
How does the 2:00 a.m. time of the collision affect the investigation?
Alabama's wrongful death framework
Alabama law allows certain family members to pursue a wrongful death claim when a person dies due to another party's negligence or misconduct. Under Ala. Code § 6-5-410, a personal representative of the deceased's estate may file such an action. The statute specifies that damages awarded in wrongful death cases are punitive, intended to penalize the at-fault party and deter similar conduct.
The state's wrongful death statute permits recovery for the loss of life, and while not explicitly compensatory, these punitive damages can indirectly account for elements such as the deceased's pain and suffering, medical expenses, and funeral costs. Bond noted that when a road accident results in a death, the state's wrongful death laws establish the legal process for the case.
Contributory negligence in Alabama
Alabama operates under a pure contributory negligence rule, which can significantly affect personal injury and wrongful death claims. If the deceased is found to have contributed in any way to the accident, even minimally, their estate may be barred from recovering damages. This legal standard is more stringent than comparative negligence systems used in most other states.
Statute of limitations for wrongful death claims
In Alabama, a wrongful death action must be filed within a specific timeframe. The statute of limitations for such claims is two years from the date of the individual's death, as outlined in Ala. Code § 6-2-38. Failure to file a lawsuit within this period typically results in the forfeiture of the right to pursue legal action.