Usually, the driver is held liable for a nighttime pedestrian accident in California if their negligent actions caused the collision. However, there are cases where pedestrians may share liability, such as when they are jaywalking despite apparent risks.
Read on to learn about liability for a nighttime pedestrian accident in California and the legal strategies to take to protect your rights.
Can Walking at Night Cause Nighttime Car Accidents with Pedestrians?
Did you know that in 2021, over 7,300 pedestrian fatalities occurred in the United States, with three out of every four deaths occurring during the hours between sunset and sunrise? An article by the New York Times delineated the reasons why nighttime car accidents involving pedestrians are prevalent:
- The Effects of Darkness: The issue extends beyond specific behaviors and activities typically occurring during nighttime, such as leaving work or visiting bars. The primary concern is that darkness during nighttime means less visibility, causing drivers to not notice pedestrians.
- Distractions: One factor increasing the number of nighttime car accidents involving pedestrians is the use of smartphones. As society embraces smartphones as part of daily life, they have become one of the most common distractions for drivers and pedestrians, resulting in accidents.
- Impaired Driving: The use of alcohol and drugs impairs a driver’s ability to recognize danger and act appropriately. A 2020 federal study, which gathered data from trauma centers and medical examiners regarding severely or fatally injured road users, revealed that in the years before the pandemic, half of the drivers tested positive for at least one active drug. However, during the pandemic, this percentage increased to 65%.
- Poor Pedestrian and Transit Infrastructure: Poorly maintained or narrow sidewalks, or the absence of designated pedestrian walkways, may encourage pedestrians to walk on roadsides or in the roadway, increasing their danger of being struck by a vehicle, especially at night. Individuals in locations with poor transit infrastructure may be more prone to walking or cycling as alternatives, particularly at night, when public transportation may be less regular or absent. This can increase pedestrian exposure to traffic, raising the chance of an accident.
Both drivers and pedestrians should exercise extra caution when walking or driving at night to lower the chance of accidents and maintain road safety.
Can Pedestrians Walk at Night with Dark Clothes in California?
Pedestrians in California are legally allowed to walk at night while wearing dark clothes.
However, wearing dark clothing might make it challenging for drivers to see pedestrians, which raises the possibility of accidents, especially in low light. This is why the California Office of Traffic Safety highly recommends that pedestrians wear bright or reflective clothing and accessories to increase their safety when walking at night.
What to Do When a Car Hits You While Walking at Night
Nighttime pedestrian accidents can result in significant injuries since drivers often do not appropriately react when they do not anticipate risks. Hence, the following steps can help you protect your well-being and legal rights in a pedestrian collision at night.
- Seek Medical Attention: It is essential to get medical attention even if you don’t feel like you have suffered an injury. Since some injuries might not be visible immediately, getting medical attention as soon as possible is crucial to receiving the proper care.
- Contact the Authorities: Report the accident to the authorities. They will document the scene and provide an official report.
- Collect Evidence: Take pictures of the accident scene, such as any visible injuries you may have had. You may also collect the driver’s and witnesses’ information.
- Speak with a Legal Expert: Hire a California pedestrian accident lawyer who can assess the situation and offer legal alternatives to guarantee that you are fairly compensated for your damages and injuries.
Can I File a Claim for a Nighttime Pedestrian Accident?
Typically, the responsible party for the accident is liable for any resulting damages, and their insurance provider is responsible for covering the expenses associated with the collision. So, if a negligent driver hits you, you must demonstrate that their actions caused the accident to be eligible for compensation.
Moreover, even proving negligence, the following elements must be met:
- The responsible party had a duty to ensure the safety of others.
- They failed to uphold this duty.
- Their negligence directly led to the pedestrian accident.
- Injuries or other damages occurred as a consequence of the collision.
Note that you must have evidence showing that the pedestrian accident resulted from the driver’s negligence instead of your wearing dark clothes. As such, you may collect the following evidence to justify your claim:
- Photos of the accident
- CCTV or surveillance footage near the accident scene
- Police reports
- Witness testimonies
Who Is Liable for a Nighttime Pedestrian Accident While Wearing Dark Clothes?
Generally, drivers are responsible for ensuring safety when sharing the road. So, they may be held accountable for the collision if they were careless during the crash, such as speeding, operating a vehicle while intoxicated, or neglecting to stop pedestrians.
However, wearing dark clothes while walking at night may contribute to negligence in a pedestrian accident since it can limit a driver’s ability to respond to apparent risks.
What Happens If I am Partially Liable for the Collision?
While walking in dark clothes at night is not necessarily illegal in California, insurance companies can argue that this contributes to the occurrence of the crash. Fortunately, you can still file a claim to receive compensation for the damages, even if you are partly at fault for a pedestrian collision.
In California, under the principle of pure comparative negligence, individuals can pursue legal action for a crash regardless of their contribution to the incident. However, their compensation is likely to be reduced proportionately to their degree of fault.
For instance, a drowsy driver hit you while crossing an intersection. Unfortunately, their insurance provider insisted that you share liability since you wore dark clothes, making it challenging for the driver to see you.
The court decided you are 10% liable for the crash in this scenario. This means that you can receive 90% of the settlement. Likewise, the other party may also pursue 10% of the compensation.
It is advisable to seek legal representation from an experienced California pedestrian accident lawyer who can evaluate the circumstances and determine liability to safeguard your teen’s rights in a pedestrian accident claim. They can also assess the appropriate level of compensation based on your teen’s degree of fault.
Lawyer’s Tip: Insurance companies will try to reduce your settlement. Hence, if they provide an initial offer, note that this usually does not cover the total damages of the crash. It is advisable to consult an experienced California pedestrian accident lawyer who can determine and fight for fair compensation for you.
Do I Need a California Pedestrian Accident Lawyer to Protect My Rights?
Claims for nighttime car accidents involving pedestrians can become complicated. In most cases, drivers tend to flee the scene of a pedestrian collision, especially at night. How, then, can you file a claim and receive compensation for the damages?
A California pedestrian accident lawyer can assess the situation, use their resources to gather evidence and locate the driver. If impossible, they can provide legal alternatives to help you receive compensation for the damages.
They can also take the following actions to safeguard your legal rights:
- Gather compelling evidence to bolster your case.
- Determine liability by identifying parties responsible for the accident.
- Assess the full extent of damages resulting from the incident.
- Negotiate with insurance companies to secure fair compensation on your behalf.
- Ensure compliance with legal deadlines and procedural requirements.
- Initiate legal proceedings and provide representation in court if litigation becomes necessary.
The legal team at the Law Offices of Larry H. Parker is committed to advocating for your rights and pursuing justice through a personal injury claim against the responsible party. We meticulously analyze your case and tailor our legal strategies to your circumstances.
For a free consultation to explore your legal options, contact our office at 800-333-0000.
What Our Clients Have to Say About Us
While numerous personal injury lawyers can handle your bodily injury claim and devise a legal strategy, our team distinguishes itself through unwavering advocacy. Our personal injury attorneys are fully prepared to build a strong claim, a testament validated by our previous clients.
“Larry Parker’s office provides an excellent follow-up for my case. They take care of all the details, and you don’t have to worry about anything.- Roger M.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Who is at Fault in a California Pedestrian Accident Involving a Jaywalker?
- Essential Things You Should Not Do When Hiring a Personal Injury Attorney in California
- Learn the Elements Your Personal Injury Case Should Have to Be Considered a Good Case
- Does Your Personal Injury Case Qualify You for Prejudgment Interest?
Works Cited
Fairbank, Turner. “Drug and Alcohol Prevalence in Seriously and Fatally Injured Road Users Before and During the COVID-19 Public Health Emergency.” ROSA P, 1 October 2020. Accessed 10 May 2024.
Katz, Josh. “Why Are So Many American Pedestrians Dying at Night?” The New York Times, 11 December 2023. Accessed 10 May 2024.
“Pedestrian Safety | Office of Traffic Safety.” California Office of Traffic Safety. Accessed 10 May 2024.
