Call Today For a Free Consultation: 251-433-6699

Month: September 2025

Does Bad Weather Affect Auto Accident Claims?

by

If you’re involved in a wreck when it’s raining, snowing, or hailing, the other driver may claim that the bad weather caused the accident, rather than their own negligence. Mother Nature can’t pay for your damages, so what do you do in this situation? Bad-weather car accidents are quite common in Alabama, as our state sees tropical storms, hurricanes, severe thunderstorms, tornadoes, frequent flooding, and even the occasional winter storm. 

Below, a car accident attorney in Mobile, AL, from Jackson & Foster Law explains how severe weather affects auto accident claims.

How Can Bad Weather Contribute to Car Accidents?

Bad weather increases the risks of auto collisions, as road conditions become hazardous and visibility decreases. The Federal Highway Administration reports that 12% of the over 6 million car accidents per year are weather-related.

Rain and mist can make it challenging for drivers to judge stopping distances. When accumulation floods, vehicles often lose traction, causing them to swerve. When combined with an overnight freeze, snow, or hail, road surfaces may become slick, creating extreme hazards for vehicles without winter-rated tires. 

Wind can be an unexpected danger, especially for tall vehicles. High winds from tornadoes or hurricanes can inhibit steering abilities, push vehicles out of their lanes, and even flip them over. 

How Can Drivers Contribute to Weather-Related Car Accidents?

With all of this being said, drivers are still responsible for mitigating weather hazards when they get behind the wheel. Many bad-weather car accidents do not happen because of the poor conditions but because of the way a driver responded (or failed to respond) to these hazards. Negligence happens during severe weather events when a driver fails to exercise the reasonable caution needed to keep themselves and others safe. 

Here are examples of driver negligence during severe weather:

  • Speeding: When severe weather hits Mobile, it’s expected that we all slow down to a reasonably safe speed. Going faster than the posted limit or significantly faster than the flow of traffic during bad weather increases the risk of an accident. 
  • Tailgating: Stopping distances often increase during bad weather, as visibility goes down and roads become slick. If a driver follows too closely to the vehicle in front of them and rear-ends it, they may bear responsibility for the accident, even if the weather was bad. 
  • Improper headlight or taillight use: Drivers must use their lights correctly during rain, snow, and fog conditions so other cars can see them and respond appropriately. Failing to turn your lights on or off can potentially lead to a collision. 
  • Using ineffective tires, wipers, or brakes: You need the right car safety know-how to navigate severe weather conditions. In Alabama, this includes safe brakes, tires with good tread, and effective wipers. Attempting to drive in severe weather with worn-out wipers or bald tires could contribute to an accident. 
  • Reckless driving: Things like texting or driving under the influence are subject to the same legal consequences regardless of weather conditions. While a snowstorm could increase risks of a wreck, drivers owe a duty of care to everyone else on the road to operate their vehicles responsibly. If they fail to do so by driving while tired, distracted, or something similar, they may bear responsibility for the accident. 

Does Severe Weather Excuse Driver Liability?

No, severe weather does not immediately excuse drivers from being liable for a car accident. In a bad-weather car accident, insurance companies still typically review who was at fault for the accident.

If one or multiple drivers failed to exercise appropriate caution during these severe conditions, though, they may be held liable for the accident. 

In Mobile, this liability determination can significantly affect insurance coverage and personal injury claims. Alabama is a strict contributory negligence state, meaning plaintiffs are barred from compensation if they’re found even 1% at fault for the accident.

In weather-related accidents, insurers or defense teams may attempt to argue that you contributed to the wreck in various ways to minimize their financial liability. If you face claim denials or liability accusations, consulting an attorney can help clarify your options.  

How Insurance Companies Review Weather-Related Accidents

The claims process in a bad-weather car accident can be relatively complex. Insurers review all circumstances of the crash to determine whether any parties can be held responsible. Since bad weather cannot pay for your damages, they often look beyond hazardous conditions to see how drivers responded to them. 

For example, if one driver rear-ends another vehicle during a storm, they may claim that they lost control because of slippery road conditions. Still, the investigation might examine the speed at which they were driving and their following distance to determine whether they contributed to the accident. 

The other driver’s insurer may blame the weather to reduce their policyholder’s liability, or they could attempt to hold you accountable for the accident. In such situations, it may be helpful to consult an attorney. 

Documenting Conditions After Your Accident

If you’re involved in a bad-weather car accident, it’s important to document the conditions before leaving the scene. This may help your insurance claim or potential lawsuit later on. Try to take photos of the following if possible:

  • Any hazardous road conditions (ice, flooding, potholes, road defects, etc.)
  • Active precipitation, poor visibility, or any other type of weather
  • Nearby traffic signs or lights (stop signs, speed limits, etc.) 

You can also take a screenshot of the weather app on your phone at the time of the accident, noting any particular conditions, such as heavy rain, high winds, flooding alerts, or low visibility warnings. 

Do You Need Help With Your Car Accident Claim?

Now that we’ve discussed bad-weather car accidents, learn about the potential benefits of hiring personal injury lawyers. If you need help navigating a claim, call Jackson & Foster Law at (251) 433-6699 to schedule a consultation. 

What To Do After a Truck Accident in Mobile, AL

by

Being involved in an accident with a commercial truck can be highly confusing and overwhelming. Your adrenaline may produce a fight-or-flight response, making it challenging to know how to protect your rights and potential future claim. Below, an attorney from Jackson & Foster Law outlines what to do after a truck accident. 

Move to a Safe Area

If allowed by law, immediately after the accident, move your vehicle to a safe area away from traffic if you’re able to do so. If you cannot operate your vehicle, exit it immediately if safe to do so and move yourself to a safe location. 

A truck accident can be highly traumatic, so it’s important to calm your breathing and avoid panicking. This will allow you to assess the situation with a clearer head, which is important for your safety and that of those around you. 

Call 911 or Local Authorities

Many drivers are unsure of what to do after a truck accident or who to contact. In Alabama, you are legally required to report vehicle collisions to the police if they result in injury, death, or property damage of over $250. Because of this, you must notify authorities after the accident, even if the damages seem relatively minor.

If anyone appears injured, calling 911 is typically the safest course of action. If no one seems injured, you may call the local police department, and they will dispatch officers to the accident scene to typically create a report. A police report often includes useful information, such as the names of involved parties and a summary of the incident.

If you contacted 911 after the accident, be sure to listen to the medical advice from the responding EMTs or paramedics. If they recommend that you go to the hospital, it’s generally wise to follow their guidance for your safety and to ensure your condition is properly documented.

Seek Medical Attention

Even if you feel fine, a medical evaluation can help identify injuries that may not be immediately apparent. The adrenaline following a truck accident can mask symptoms, making it challenging to know the true nature of your injuries. You might feel fine for the first few hours or days following the crash despite having a severe strain, traumatic brain injury, rib fracture, internal bleeding, etc. 

We recommend seeing a doctor as soon as possible if your injuries warrant it, as this may support your claim and prevent your injury from worsening. Failing to seek medical attention may create complications with your insurance company, especially if your condition worsens in the coming weeks. Your insurer may argue that your injury developed after the accident or that you contributed to your injury by not seeking prompt care. 

For severe injuries, seek emergency care. For minor concerns, you may want to try to go to the doctor or urgent care.

Gather Information From Witnesses and Involved Parties

Understanding what to do after a truck accident also means taking steps to support your future claim, if possible. If any witnesses saw the accident, they may be helpful later on in your case. You may want to ask them if they’re willing to share their contact information or a statement for your police report.

You should also gather all contact details and insurance information from the other driver and any other involved parties. In a commercial trucking collision, you may need their employer’s name and phone number as well. 

Document the Scene

Accident evidence is important when pursuing truck accident compensation. Evidence can be challenging to gather, though, as accidents are quickly cleaned up. Because of this, you need to document the scene before leaving if you’re able to. 

We recommend taking photographs of:

  • Your injuries
  • Damages to your vehicle and the truck
  • Any nearby road signs or traffic lights (speed limit, yield sign, etc.)
  • The weather conditions at the time of the accident (rain, snow, hail, etc.)
  • Any relevant road conditions (potholes, defects, etc.)

Contact Your Insurer but Speak Carefully

Once home, you should contact your insurance company to report the accident. This step is important, regardless of who caused the collision. Many insurers in Alabama require you to report accidents within 30 days, though doing so early can be helpful.

As you initiate the claims process, you must be truthful in all of the answers that you provide, but it’s important to avoid admitting fault. Insurers may ask you confusing questions with the goal of minimizing their financial liability. Providing a slightly different statement to an insurer compared to your police report could create complications in your claim. 

Follow All Recommendations From Your Doctor

As you progress through the recovery process for any injuries, it’s important to listen to your doctor’s recommendations on necessary treatments, procedures, medications, rehabilitation, etc. Failing to abide by these recommendations may harm your claim or put your health at risk. 

Be sure to keep all documentation relating to your diagnosis and medical expenses. 

Seek Legal Representation

Navigating a truck accident claim in Mobile is incredibly complex. Alabama follows strict contributory negligence laws, meaning that you are barred from pursuing compensation if you’re found even 1% liable for the accident. Insurers and defense teams may use this law to their advantage, often attempting to make victims assume partial liability for accidents to minimize their financial burden. 

An attorney experienced in Alabama’s trucking laws can help you understand your rights and potential liability under the law. They can help you evaluate your legal options and pursue a claim where appropriate. Consider consulting an attorney after your accident to discuss your options. 

Do You Need Help With Your Truck Accident Claim?

Now you know what to do after a truck accident. Next, learn about personal injury claim mistakes. If you need to consult a lawyer about a recent accident, call Jackson & Foster Law at (251) 433-6699 to discuss your case.