Night Driving Car Accident Lawyer BIG AUTO

Most people initially appreciate that driving at night can be more dangerous. However, with time and experience, drivers can become complacent and forget about the perils of night driving.

Everyone has poorer vision during the evening hours due to decreased light. Darkness compromises your depth perception, peripheral vision and ability to distinguish colors. The glare from oncoming headlights can also be somewhat blinding, leading to crashes.

Also, drowsiness is more likely at night, as the body naturally winds down at the end of the day. Shockingly, over 103 million people have fallen asleep while driving. Even worse, 13% of drivers report falling asleep behind the wheel at least once a month.

Additionally, people who are coming home from work may be impatient or feel exhausted. As the night goes on, you may be more likely to encounter drunk drivers. Furthermore, distracted drivers are even more dangerous because of their compromised visibility and potential drowsiness.

Each state has distinct rules for its roads, including guidelines regarding safe night driving. One example is the use of headlights. Generally, drivers must turn on headlights shortly before sunset until a little after sunrise. At the same time, various states have restrictions on the amount of lights and level of brightness a vehicle can have so that a driver is not distracting to others.
 
Another common rule pertains to restrictions for young or novice drivers. The Governors Highway Safety Association mentions that 49 states and the District of Columbia have nighttime driving restrictions for new and young drivers.
 
When someone breaks a nighttime driving law and causes you injury, you will likely have a valid personal injury case. Big Auto’s nationwide network of attorneys can help you determine what laws an at-fault driver violated, which can add weight to your claim for compensation.

The at-fault party for a nighttime driving accident might seem straightforward. However, you might need to bring a case against a party you do not initially suspect or even against multiple parties. Consider who could bear fault for your injuries.

Other Drivers

Naturally, you will probably first bring claims against other drivers who contributed to the accident. If a motorist’s negligence, whether unintentional or malicious, caused an injury, you can bring a case against them.

The Vehicle Owner

You might need to bring a suit against a vehicle owner after an accident instead of or in addition to the driver. It may be that the owner negligently entrusted the vehicle to someone who caused the accident. That means the car owner allowed someone who they knew or should have known was not fit to drive the vehicle.

For example, the person might have let a drunk or otherwise impaired individual drive the car. Or a parent could have allowed a child to drive the car at night, violating state restrictions. In such cases, the owner may be liable, even if that person wasn’t driving at the time of the collision.

Vehicle and Parts Manufacturers or Sellers

A defect or malfunction in a vehicle or one of its parts could mean the manufacturer or seller is liable for a resulting accident. For example, faulty tires or a defective brake system might have prevented you or the other driver from stopping in time to avoid a collision.

Determining who to file your case against can be difficult in these circumstances because multiple entities take part in bringing a vehicle from conception to the sales floor. The flaw might be in the schematics, meaning you have to file suit against the company that designed the vehicle or part. On the other hand, the issue might have been with how the factory team assembled the car in the factory, meaning your claim is against the entity that actually built the car.

At times, the liability might rest with the dealer if the salesperson or advertising misrepresented what the vehicle could do or its safety features. Fortunately, your Big Auto Auto Accident lawyer can review these factors with you and help you decide how to proceed.

An Insurance Company

In most personal injury cases, the plaintiff does not have to sue. Often, the claim comes to the at-fault driver’s insurance company. Sometimes, you might bring a claim to your own insurance company if your state requires personal injury protection or if you have other coverages to handle damages that another party would not.

Unfortunately, an insurance company could be unwilling to settle or fail to pay in a timely fashion. Unscrupulous firms might resort to bad faith practices and refuse to pay the claim.

In such cases, you may need to bring legal action against the insurance company to get full compensation. However, most claimants are able to settle without an issue with the help of a competent lawyer.

Repair and Modification Shops

When a mechanic makes a poor, fraudulent or incorrect repair or modification that leads to an accident, you may have a claim against the shop. It can require careful examination to determine if the repair shop or a parts manufacturer is responsible for the error.

Those Responsible for Road Safety and Maintenance

If your accident occurs on private property, you could have a case against the property owner if unsafe conditions or poor lighting led to the accident. On public roads, your case might be against the state or municipality responsible for the upkeep of the area if the entity was somehow negligent.

You should keep in mind that government entities often have a shorter timeframe for filing a claim than you would have against a private party. Quickly contacting a car accident lawyer from Big Auto helps you avoid missing the statute of limitations.

After an accident, trying to get justice can be a long and involved process. The situation can be even more challenging if you have to worry about recovering from injuries and replacing or repairing property.

The assistance of a qualified attorney allows you to focus on restoring your life to normal while fighting for maximum compensation. A lawyer from the Big Auto network can assist you with investigating the accident, gathering evidence, interviewing witnesses and consulting with experts to build a strong case.

Your lawyer also takes the burden of handling paperwork off of your shoulders so that you don’t miss anything you’re due because of a technicality. An attorney also understands how to negotiate with the insurance companies for a faster settlement that avoids the additional costs of going to trial. However, if a court case is advantageous, your legal counsel will confidently represent you.

Thankfully, you don’t have to worry about the cost of a car accident lawyer. At Big Auto, we always start your case for free with a complimentary review. If we decide that we can represent you, we only charge a fee if we win.

Immediately after a nighttime driving accident, you should try to get yourself and others to a safe location out of the way of traffic, such as the shoulder or side of the road. Turning on your emergency flashers helps alert passing motorists of the need to exercise caution. If you need to block off a section of the road before first responders arrive, use an emergency flare.
 

Call 911 as soon as possible. The dispatcher will want to know the condition of all parties to the accident, so try to find out that information. Even if you feel physically fine, get medical attention to verify that you did not experience any underlying damage.
 

You also need to exchange contact and insurance information with the other driver. If possible, take photos and videos of the scene as evidence. You should also let your insurance company know about the incident.
 
When communicating with the other driver, the dispatcher, first responders and your insurer, be careful not to say anything that seems to indicate that you accept blame. Even saying “I’m sorry” could compromise your case.
 
Also, adrenaline can cause a delay in injury symptoms. When someone asks how you feel, a good response is often, “I’m not sure.” Before discussing your case with others or posting about it on social media, reach out to our team at Big Auto to figure out the next steps to take.