A Nighttime Accident Can Impact Your Car Accident Claim
A motor vehicle accident can occur at any time of the day. However, what you may not know is that the time of day when an accident occurs can sometimes have an impact on the personal injury claim. Learn about some of the factors that affect nighttime accidents.
Driver Responsibility
Every driver that operates a vehicle is, in part, responsible for the safety of other drivers on the road. During the night hours, visibility is often low, so every driver must make sure their vehicle is visible to other drivers, such as by ensuring that the taillights work.
In the event of a nighttime accident in which the victim in the crash was driving a vehicle with non-working taillights, even though the other driver might seem to be at fault, the driver of the car with the broken lights could be deemed the at-fault party. As a result, they may be unable to file a claim. All drivers have increased responsibility for safety during the night hours.
Witnesses
A witness is a very valuable asset in a car accident claim. A reliable witness with a strong statement can help provide cues on who the responsible party is and offer details on how the accident occurred. Unfortunately, if you are involved in a nighttime accident, particularly one that is late at night, it may be harder to find a witness who was able to see exactly what happened.
A witness is not necessary to file a personal injury claim, but they are helpful. For an late-night accident, an attorney may be able to find surveillance or other video footage that will help provide facts about the accident.
Distractions
Sometimes, accidents are not just the result of a driver that is speeding or not paying attention. Sometimes, there is more to the story. Often time, nighttime accidents involve external factors, such as intoxication and fatigue. If these issues are found to be a contributing factor in your case, you may be able to seek additional compensation.
For example, when a person gets behind the wheel when they are knowingly intoxicated, their actions can be perceived as gross negligence. Gross negligence is a more severe categorization that often opens the door for the victim to seek compensation for pain and suffering and other non-injury related expenses, such as lost wages.
If you are the victim of a negligent driver, you should speak with an attorney about filing a claim no matter what time of the day of accident. For more information about factors that can affect your case, consult with car accident attorneys in your area.