RKO executives were concerned about a possible plagiarism suit by the author of the book and the movie version I Am a Fugitive from a Chain Gang (1932) in production at Warner Bros. at the time. Some deletions and changes were made until they were satisfied that no legal action would be taken.
A preview print had Richard Dix being shot and killed after saving his brother Tom Brown, but the ending was changed before the final release of the film.
RKO's David O. Selznick rushed "Hell's Highway" into production to compete directly with Warner Bros.' upcoming prison drama "I Am a Fugitive from a Chain Gang". In fact it beat "Fugitive" to the screens by two months in the autumn of 1932, though it did not enjoy the critical or commercial success of the latter film.
After the main production of "Hell's Highway" wrapped, RKO executives brought in director John Cromwell to re-shoot a more upbeat ending. Cromwell was not credited in the film.