Initial reports do not indicate what caused Burks to rear end Foster's truck. It could be simple inattention or following too closely or Burks could have been distracted by something such as her cell phone or radio. Mr. Foster's family likely has a viable Alabama wrongful death claim against Ms. Burks for causing this motor vehicle accident. Further, it's likely that Ms. Burks does not have sufficient auto insurance to cover such a claim; therefore, Mr. Foster's family would also have a claim for uninsured and/or underinsured motorist benefits through Mr. Foster's motor vehicle insurance policy(ies).

Research has shown that using a cell phone use while driving, whether it's hand-held or hands-free, delays a driver's reactions as much as having a blood alcohol concentration at the legal limit of .08 percent. Drivers who use hand-held devices are 4 times as likely to get involved in a wreck serious enough to injure themselves. For more information on distracted driving visit Distraction.gov.

2008 Alabama Auto Accident Statistics

• One motor vehicle accident was reported every 255 seconds.

• One person was injured in a traffic crash every 14 minutes and 47 seconds.

• One person was killed in an automobile accident every 9 hours and 6 minutes.

• Most Alabama wrecks (72.1%) occurred in urban areas, but most fatalities (67.1%) occurred in rural areas.

• For each person killed, there were 36.9 injured.

• Of all fatal wrecks, 47% occurred at night.

• The 2008 pedestrian death toll was 72.

• There were 98 fatalities among motorcycle or moped riders.

• Bicyclists accounted for 4 fatalities.

Bullock County is a rural county located in southeast Alabama. There were 101 automobile accidents in 2008 in Bullock County, 39 of which resulted in someone being injured. According to the Alabama Department of Public Safety there were 3 fatalities in car and truck accidents in 2008 in Bullock County.

Visit the following link for more information on Alabama's Uninsured Motorist Law.

As experienced Decatur Car Accident Attorneys whenever were asked to review an accident such as this one of the first things we do is gather information and physical evidence in hopes of determining what caused the at fault driver to loose control of his vehicle. Areas of inquiry include:

• Was the driver driving under the influence;
• Was the driver distracted by such things as using a cell phone or sending a text message;
• Did the driver's vehicle have a mechanical malfunction, such as steering, brakes, tires etc..;
• Did the driver fall asleep.

According the Alabama Department of Public Safety, there were 475 Alabama motor vehicle accidents in 2008 that occurred when the roadway was Icy/Slushy. Further, there were 2,168 auto accidents in Lauderdale County, Alabama in 2008, 558 of which resulted in someone being injured. In 2008, 15 people died in Lauderdale County car and truck accidents.

The state of Alabama is also trying to reduce the number Alabama trucking accidents by passing a state law banning texting while driving. The bill has already cleared the Alabama House of Representatives and if the bill passes the Senate it would become law and ban drivers of all vehicles from texting while driving.

As a part of its campaign to reduce the number of car and truck wrecks due to distracted drivers, the DOT has launched a new website at www.distraction.gov. According to Federal Motor Carrier Safety Administration, drivers who text while driving are more than 30 times more likely to be in a wreck than non-distracted drivers.

• Decreasing your vehicle's speed and leaving yourself ample distance between other cars for stopping.

• Use lower gears if possible, which can help increase traction.

• If your rear wheels begin to skid, take your foot off the accelerator and steer in the direction of the skid.

For more cold weather safe driving tips on how to avoid an auto accident visit the weather channel.com