Nighttime pedestrian accidents can be devastating, often resulting in severe injuries or fatalities due to reduced visibility and heightened risks on poorly lit roadways. Determining liability in such accidents is often complex, as multiple factors may contribute to the collision.
Who’s liable in a nighttime pedestrian accident?
Here are just some of the factors that could influence liability in this kind of case:
- Visibility: Reduced visibility is a common factor in nighttime pedestrian accidents. Dim lighting or darkness can make it difficult for drivers to see pedestrians, especially in poorly lit areas or areas lacking adequate street lighting. Factors such as weather conditions, obstructions and glare from oncoming vehicles can further impair visibility for both drivers and pedestrians.
- Driver negligence: Driver negligence often plays a central role in these accidents. Common examples of driver negligence include speeding, distracted driving, driving under the influence of alcohol or drugs, failure to yield the right-of-way to pedestrians at crosswalks and failure to use headlights or high beams in low-light conditions.
- Pedestrian negligence: While pedestrians generally have the right-of-way in crosswalks and pedestrian zones, their actions may also contribute to accidents. Pedestrian behaviors such as jaywalking, crossing outside designated crosswalks or pedestrian signals or walking while intoxicated can increase the risk of being struck by a vehicle, especially at night.
Determining liability in a nighttime pedestrian accident requires a careful investigation to assess the circumstances of the collision and establish fault. Evidence such as witness statements, surveillance footage, accident reconstruction reports and toxicology tests are often used in determining the sequence of events leading up to the accident, which in turn identifies who is responsible.
Comparative negligence and pedestrian accidents
Injured pedestrians may be entitled to seek compensation for their injuries and damages through a personal injury claim. This often includes medical expenses, lost wages, pain and suffering and other related losses—but if the pedestrian is also deemed partially or entirely at fault, this can change. Comparative negligence may reduce the amount of compensation awarded to injured pedestrians by the percentage they are deemed at fault.
By understanding the various factors that can influence liability, both drivers and pedestrians can take appropriate precautions to avoid accidents. However, if an accident does occur, it’s important to seek immediate medical treatment and call the Law Offices of Tim Misny. Depending on who is legally at fault, you may be entitled to compensation for your injuries.
Consult a Columbus personal injury lawyer today
The Law Offices of Tim Misny can help you with your pedestrian accident claim. When you’re the victim of negligence or recklessness, I’ll Make Them Pay!® Call my office at (877) 614-9524 so that I can evaluate your case right away.
