Night Driving Accidents

Nighttime is one of the most dangerous times to be on the road. With decreased visibility, fatigued or intoxicated drivers, and other hazards, night driving accidents are some of the most serious and deadly crashes. The Miami car accidents at the Law Offices of Robert Dixon are dedicated to helping victims of a night driving accident pursue proper compensation from the parties responsible for their injuries. We can offer experienced advice and guidance throughout the legal process.

An individual injured in a night driving accident may pursue damages for his or her harm through a personal injury lawsuit against the responsible parties. To recover compensation, a victim usually must prove that the defendant was negligent. To show negligence, a victim must establish that he or she was owed a duty of care and that the duty was breached by the defendant’s actions. Motorists owe all other road users a duty to act as a reasonable and prudent driver would behave under the same or similar circumstances. For instance, unlawfully operating a vehicle at night without using headlights would likely be deemed unreasonable. An injured person must also show that the defendant’s actions were a proximate cause of the crash and the damages that resulted from it.

If liability is established, a victim may be able to recover damages in the form of past and future medical costs, pain and suffering, lost income, loss of earning capacity, and property damage, among other items. If a victim dies, family members may pursue a wrongful death claim to recover additional compensation for burial and funeral expenses as well as loss of consortium. The timing of any claim is important, since the statute of limitations for personal injury cases in Florida is four years from the date of the injury, and only two years for wrongful death claims.

According to the Federal Highway Administration, nighttime drivers are twice as likely to be involved in an accident as people driving during the day. Night driving is more dangerous than driving at other times, due to a host of factors. For example:

• Limited visibility at night gives drivers less time to react to situations;
• Vision is more impaired at night due to the effect that darkness has on color recognition, depth perception, and peripheral vision;
• Drivers are fatigued;
• Drivers under the influence of drugs or alcohol are more prevalent at night;
• Drivers may fail to use or maintain proper headlights; and
• Elderly drivers may have night vision issues.

Other issues such as poor lighting, inattentiveness, and speeding contribute to the increased potential for nighttime crashes and resulting injuries. Drivers can take certain measures to minimize the potential for night driving accidents, such as avoiding late-night driving when possible, paying closer attention, and making sure that both a vehicle’s interior and exterior lights are functioning properly.

If you have ben hurt or lost a loved one as a result of a nighttime crash, the Miami car accident attorneys at the Law Offices of Robert Dixon can help you pursue proper legal action against those who may be responsible. Our motor vehicle collisions also represent people in Miami, West Palm Beach, and other cities throughout Miami-Dade, Broward, and Palm Beach Counties. Call 877.499.4878 or contact us online for a free, no-obligation consultation to see how we can help.