Pedestrian Accidents at Night: Who Is Liable When Visibility Is Poor?
Nighttime pedestrian accidents are devastatingly common, often intensified by poor visibility. As an experienced personal injury lawyer, I know determining who is liable is crucial when light fades.
Tragically, 75% of pedestrian fatalities occur at night. Drivers often claim they "didn't see" the pedestrian. However, drivers retain a heightened duty of care when visibility is compromised. Distracted driving, contributing to thousands of crashes annually, is a significant factor in these nighttime incidents.
Pedestrians, too, share responsibilities: wearing reflective clothing or using crosswalks. Yet, even with partial fault, most states allow compensation under comparative negligence laws. For instance, 46 states utilize some form of comparative fault.
If you or a loved one suffered a pedestrian accident at night, don't assume poor visibility excuses the driver. An attorney can investigate driver negligence, lighting, and other factors to secure your rightful compensation.
