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Rainy Day and Low Visibility Wrecks in Selma: How Weather Changes an Injury Claim

Writer: Elliott Lipinsky
Elliott Lipinsky
Sep 10
4 min read

Updated: 1 day ago

Rain, fog, glare, and standing water can explain why a Selma crash happened. They do not decide who was legally responsible. The useful question is what each driver did after the conditions changed: speed, following distance, headlights, lane position, braking, and whether the driver could stop within the visible roadway.

That distinction matters in Alabama. Weather may be part of the cause, but a claim still turns on conduct, causation, injury, defenses, and admissible evidence.

Reviewed by Elliott Owen Lipinsky • October 2026

Alabama law requires speed to match the conditions

Alabama Code § 32-5A-170 prohibits driving faster than is reasonable and prudent under the conditions and actual or potential hazards. It specifically calls for a safe and appropriate speed when special hazards exist because of weather or highway conditions.

The posted limit therefore answers only one question. A driver may still be traveling too fast for a hard rain, fog bank, flooded lane, curve, darkness, or glare even while remaining below the number on the sign.

Alabama Code § 32-5A-89 also requires a reasonable and prudent following distance, with regard to vehicle speed, traffic, and the condition of the highway. A rear driver cannot avoid the inquiry merely by saying the lead vehicle stopped suddenly on a wet road.

What the weather changes in an investigation

The Federal Highway Administration explains that rain reduces traction and maneuverability, while heavy rain reduces visibility. The National Weather Service’s fog guidance advises drivers to slow down, use low beams, and leave more distance. Those safety principles help identify the factual questions, but a general weather page does not prove what happened in one wreck.

The investigation should connect the conditions to the particular drivers and vehicles. Useful evidence may include:

  • photographs or video showing rainfall, standing water, fog, glare, lane markings, and sight distance;

  • dash-camera, doorbell, business, or traffic-camera footage;

  • time-stamped weather observations, warnings, and radar data;

  • vehicle event data, braking evidence, tire condition, and damage patterns;

  • witness accounts that identify where the witness stood and what the witness could actually see; and

  • the crash report, 911 records, dispatch records, and officer observations.

Preserve the source, date, time, and location for a weather screenshot. A generic forecast for “Selma” may not establish the conditions at a rural Dallas County road several miles away.

Fault is not assigned to “the rain”

A useful analysis separates the condition from the decision. Heavy rain may reduce traction. The next questions are whether a driver reduced speed, increased distance, maintained the vehicle, used the proper lights, stayed within the lane, and reacted reasonably to what could be seen.

The same discipline applies to a sun-glare claim. Glare may explain limited vision, but it does not automatically excuse continuing at the same speed without adapting to it. Fog may be dense in one location and thin a short distance away. The driver’s conduct must be evaluated at the place and time of the collision.

An officer’s citation or contributing-factor code can matter, but neither settles the civil claim. Compare the report with the physical evidence and the accounts of people who had a reliable view.

Contributory-negligence allegations require evidence

An insurer may argue that the injured person drove too fast for conditions, followed too closely, used worn tires, failed to use lights, or made an unsafe maneuver. Alabama’s contributory-negligence defense can bar an ordinary negligence recovery when the injured person’s own negligence proximately contributed to the injury. The defense is more precise than the familiar phrase “one percent at fault,” and an insurer’s allegation is not a finding.

Avoid casual guesses about speed, distance, visibility, or reaction time in a recorded statement. Give accurate facts you know. Do not supply an estimate simply because an adjuster asks for one. The firm’s Alabama contributory-negligence guide explains the rule and the evidence that may affect it.

What to do after a low-visibility crash

Safety and medical needs come first. Call 911 when the collision involves injury, a dangerous roadway condition, a disabled vehicle, a driver who leaves, or another emergency. Follow the dispatcher’s and responding officer’s instructions.

When it can be done safely:

  1. Photograph the vehicles, roadway, water, visibility, lights, signs, and surrounding area.

  2. Save the exact time and location rather than relying on memory later.

  3. Obtain witness names and contact information.

  4. Seek appropriate medical care and describe symptoms accurately.

  5. Keep the report number, tow information, repair photographs, medical records, and insurance communications.

  6. Ask promptly whether video, vehicle data, or other evidence needs a preservation request.

Do not stand in an active lane to take a photograph. Do not drive into floodwater to create evidence. NHTSA’s severe-weather guidance emphasizes slower travel and added following distance on slick roads; personal safety remains more important than documenting the scene.

Frequently asked questions

Can a driver be negligent while traveling below the speed limit?

Yes. Section 32-5A-170 requires a reasonable and prudent speed for the actual hazards. The posted limit is not a promise that the same speed is safe in rain, fog, glare, or standing water.

Does a rear-end collision in the rain automatically establish fault?

No single rule decides every collision. Following distance, speed, lane position, visibility, mechanical condition, sudden hazards, and each driver’s conduct should be evaluated. Section 32-5A-89 makes the roadway condition part of the following-distance inquiry.

Can historical weather records help?

They can help establish reported conditions at a place and time, but the correct station, observation, warning, or radar product matters. Preserve the source and have it compared with photographs, video, and witness accounts from the actual scene.

Does the crash report control the claim?

No. It can identify the parties and record observations, but it is not a civil judgment. Read the firm’s guide to obtaining and evaluating a Selma crash report.

Talk with a Selma car-accident lawyer

If you were injured in a rain, fog, or low-visibility crash in Selma or Dallas County, review the firm’s Selma car-accident guide or request a free case review. Call (334) 230-7986 if a deadline or disappearing evidence may require prompt attention.


For Dallas County court links, crash-report starting points, and regional crash figures, use the West Alabama court and road-safety resource.

This article provides general information, not legal advice. Reading it or contacting the Law Offices of Elliott Owen Lipinsky does not create an attorney-client relationship. Representation begins only after the firm accepts a matter in writing. Results depend on the facts and law, and no outcome is guaranteed. Do not send confidential, highly sensitive, or time-critical information through a website form.

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