The aftermath of any car crash can be stressful, but nighttime car accidents are often even more disorienting. With reduced visibility and higher drunk driving rates, the results of an accident can be serious.
In this article, we’ll walk you through what to do after a nighttime car accident and what legal considerations are necessary. If you’ve been hurt, aFort Lauderdale car accident attorney can help.
Night Driving Accident Risks
Whether leaving a restaurant on South Fort Lauderdale Beach Boulevard or heading home after work, nighttime driving can include greater risks. Some common causes of accidents at night include:
- Reduced visibility: You or other drivers may have more difficulty seeing road hazards, pedestrians, and traffic signs. Accidents caused by low light conditions are sadly all too common.
- Impaired driving: Unfortunately, nighttime sees a higher rate of alcohol and drug-related crashes.
- Driver fatigue: After a long shift at work or staying out too long with friends, tired drivers can have slower reaction times.
- Speeding: A driver who wants to get home may be more likely to go over the speed limit.
Negligence can come in many forms, so there needs to be a proper investigation of your accident.
How Florida Law Addresses Nighttime Driving Risks
In Florida, traffic laws attempt to mitigate some of these increased risks. For example, there are headlight and taillight requirements underFlorida’s Statutes. Additionally, there arestrict DUI laws, including zero-tolerance policies for underage drivers.
When drivers fail to adhere to these regulations, it can be used as evidence to support your car accident claim.
Proving Fault After a Nighttime Accident
If you’ve been involved in a car accident at night, a key aspect of a successful personal injury claim is proving the liability of another party. YourFort Lauderdale personal injury lawyer will do so by:
- Gathering evidence, like police reports, traffic camera and surveillance camera footage, dashcam videos, and physical evidence from the scene
- Interviewing witnesses who can attest to the other driver’s behavior, such as weaving in traffic or not having their headlights on
- Consulting with experts on lighting conditions, visibility before the car accident, and how those factors may have led to the accident
Florida’s Comparative Negligence Rule
It’s important to note that underFlorida Statutes § 768.81, you may be barred from recovering compensation if you are considered more than 50% at fault for the accident. For example, if your headlights were not on but the other driver was speeding, then you may hold some portion of blame.
If you were at fault, but less than 50%, then you may still recover compensation, but your compensation will be reduced by your degree of fault.
Steps to Take Immediately After a Nighttime Crash
The steps you take after an accident are essential for protecting your health and your accident claim. We advise that you do the following:
- Call 911 and seek medical help. Delaying treatment can significantly impact your recovery.
- Move to a safe location, if possible, especially if visibility is limited, such as on rural roads.
- Document the scene with photos; focus on taking pictures of lighting, road signs, your visible injuries, and vehicle damage.
- When discussing the accident with the police or insurance adjusters, avoid admitting fault. Your comments can be used against you to deny your claim.
- Avoid posting about the accident on social media, as your posts may be used against you as well.
- Ensure that you start and follow through on any medical treatment your doctor prescribes.
In addition to these steps, it can also be helpful to reach out to a local Fort Lauderdale personal injury attorney.
How a Fort Lauderdale Car Accident Lawyer Can Help
A Fort Lauderdale car accident attorney can help by:
- Investigating the accident to determine all liable parties
- Filing your claim, including evidence to support it
- Negotiating with insurance companies and fighting for fair compensation
- Ensuring that all legal deadlines are met
- Representing you in court when necessary
The legal process can be intimidating and confusing, but having a dedicated legal advocate can help you feel more confident.
Contact the Law Offices of Wolf & Pravato
After a nighttime car accident, it’s easy to feel lost in the dark. Our legal team is here to help guide you through it. At the Law Offices of Wolf & Pravato,our attorneys and staff have been helping injury victims in Florida for over two decades.
We will fight for the maximum compensation you are eligible to receive. We also work on a contingency fee basis, so there are no upfront costs, and you only pay our fees if we successfully recover compensation for you.
Contact us today for a free consultation at (844) 643-7200.