Car Crash Lawyers Representing Victims in California and Beyond
Vision is impaired at night, and night driving accidents are thus not uncommon. Often, drivers are faced with the problem of trying to see in the dark as well as facing the glare of headlights. This makes for difficulties moving back and forth between dark and bright objects. Even though there are many fewer people on the road at night, over 40% of fatal car accidents happen at night. If you are injured or a loved one was killed in a night driving accident, California car accident attorney Travis G. Black may be able to help.
Night Driving Accidents
Night driving accidents can happen at any time from dusk to dawn. Often, drivers have difficulty adjusting to lower levels of light while also accommodating bright headlights. Even though there are fewer cars on the road at night, more drivers are fatigued, speeding, drunk, on drugs, or distracted. Many fatalities occur on the roads at night.
If you are injured in a night driving accident, you may be able to recover damages by establishing negligence. You will need to show that the other driver owed you a duty of care, breached this duty, caused your injuries, and through their carelessness led to your sustaining actual damages. In California, all drivers owe a duty to use reasonable care, given road conditions and the circumstances. This may mean driving more slowly at night and paying closer attention. The duty to use reasonable care may be breached by a driver who is sleepy and runs a stop sign, by a drunk driver who weaves into your lane, or by a driver who cannot judge distance well in the dark and rams into the rear of your car, for example. You would need to show that your injuries would not have occurred if the other driver (or drivers) had acted carefully under the circumstances.
Often, a defendant driver tries to argue that the plaintiff was partially to blame. Your damages can be reduced based on your comparative negligence. The defendant will need to submit evidence about your negligence while driving at night. The jury will evaluate the evidence and can assign a percentage of fault to each of you. Any damages that it awards will be reduced by your percentage of fault.
The purpose of damages recovered in a personal injury lawsuit is to put you back into the position in which you would have been had you not been injured. Damages that may be recovered include medical bills, lost wages, household services, loss of enjoyment of life, pain and suffering, mental anguish, and loss of consortium.
As a loved one of someone who died as a result of a night driving accident, you may be able to recover wrongful death damages. Wrongful death damages can include burial expenses, funeral expenses, the lost income that the decedent would reasonably have expected to earn had they lived according to a normal life expectancy, hospital bills, the loss of financial support, the value of household services, and the loss of love, community, and guidance.
Typically, you cannot recover punitive damages after a car accident. Most crashes are caused by negligent rather than intentional conduct. Unlike compensatory damages, punitive damages are awarded to punish the defendant and deter future similar conduct. However, at nighttime, drunk drivers are more likely to be on the road. In California, you may be able to recover punitive damages from a drunk driver whose drunk driving caused an accident.
Seek Advocacy from a Folsom Car Accident Lawyer
If you are injured in a night driving accident near California caused by intoxication, distraction, fatigue, or some other cause, you should retain an experienced Folsom personal injury attorney. At Black & DePaoli, our principal has past work experience in insurance and as a law enforcement officer. We provide skillful legal representation to injured people from our Folsom office. For a free consultation with an attorney, call Black & DePaoli at (916) 962-2896.