Night Driving Accidents
At night, it is especially easy to get into an accident. Many people may fail to notice a pedestrian or a car that does not have its brake lights working. It can be much more difficult to notice road conditions, such as debris that has fallen from a truck or an unmarked construction site, in the dark. Often, night drivers are fatigued or drunk. Around the country, about half of all fatal car accidents are night driving accidents. The fatality rate for each mile of travel is about three times more than it is in the day. At Sharifi Firm, our Los Angeles car accident attorneys represent victims and families who have lost their loved ones as a result of careless night driving.Pursuing Compensation for a Night Driving Accident
If you suffer injuries in a night driving accident, you may be able to recover damages. You will need to establish negligence by a preponderance of the evidence. This is a standard of proof that requires a plaintiff to present evidence with more persuasive force than the evidence that is opposed to it.
All drivers in California owe a duty to use reasonable care under the circumstances when operating their vehicles. At night, more care may be necessary due to limited or poor visibility and the greater chance for accidents. What might be reasonable care during the day is not always the same as what would be reasonable for nighttime driving. For example, if you are in an accident at night, someone else’s failure to get a headlight fixed may be a breach of the duty to use reasonable care, whereas if you are in a daytime accident, it is unlikely that the court will look at whether the defendant’s headlights were working.
California follows the rule of pure comparative negligence. This means that if a plaintiff's negligence is found to have been a substantial factor in causing his or her injuries, the damages may be reduced by his or her percentage of responsibility. For example, if the jury determines your damages are $100,000, but the defendant was 70% at fault and you were 30% at fault, you can potentially recover up to $70,000.
In some cases, multiple parties are responsible for a night driving accident. For example, if there is a fatigued driver on the road, a second driver with a taillight out, and a construction crew that left a piece of equipment out on the road, all three parties may bear responsibility for a crash injuring a fourth party at night. Defendants may be held jointly and severally liable for economic damages, which means that a plaintiff may recover the costs of medical bills, lost income, and other tangible damages from any one of the defendants that is able to pay for it. However, each defendant is responsible for his or her own share of noneconomic damages in direct proportion to his or her degree of fault.Consult a Los Angeles Attorney for Your Car Accident Case
At Sharifi Firm, APC, our experienced Los Angeles lawyers can help you seek compensation if you suffer injuries as a result of a night driving accident. We are aggressive advocates for clients throughout Southern California. Contact us at (866) 422-7222 or via our online form to set up a free consultation with a motor vehicle collision attorney. Our firm also represents residents of Temecula, Rancho Cucamonga, Riverside, and San Bernardino.