In 2021, pedestrian accidents in Pasadena resulted in 60 injured and fatal victims. In addition, 68 crashes in the city occurred at night. Unfortunately, due to limited visibility at night, proving liability in a nighttime pedestrian accident may be challenging, but you can do so if you have sufficient evidence demonstrating negligence.
In this article, you will learn how to establish liability in a nighttime pedestrian accident in Pasadena and protect your rights in such situations.
What Causes Nighttime Pedestrian Accidents?
Did you know that most pedestrian accidents occur at night? According to a study titled “Exploring nighttime pedestrian crash patterns at intersection and segments: Findings from the machine learning algorithm,” on average, approximately 72% of pedestrian fatalities in the United States from 2015 to 2019 happened at night.
The study also discovered that various circumstances can contribute to nighttime pedestrian accidents, reducing visibility and increasing the chance of collision.
- Poor visibility: Reduced lighting at night makes it challenging for vehicles to detect pedestrians, particularly in poorly lit regions or areas without street lights. Pedestrians may also be less apparent if they are dressed in dark clothing or in areas with barriers that limit their visibility.
- Alcohol Intoxication: Driving while under the influence of alcohol or drugs significantly reduces a driver’s ability to react to pedestrians, especially at night when visibility is already low. Similarly, impaired pedestrians may have reduced judgment and coordination, reducing their awareness and critical thinking while crossing the street.
- Speeding: Drivers who exceed the speed limit have less time to respond to pedestrians who appear unexpectedly on their route.
- Road Conditions: Dark lighting can significantly increase the danger of pedestrian accidents, especially on high-speed routes like interstates and two-way roads without physical separation. This is especially true in wide country settings. Weather conditions also increase the risk of pedestrian accidents.
Several factors, such as poor visibility, distracted driving or walking, and unsafe actions by drivers and pedestrians, frequently contribute to nighttime pedestrian accidents. The danger of pedestrian accidents during nighttime can be reduced with increased awareness, obeying traffic laws, and improved lighting.
What Does California Law Say About Driving at Night?
California Vehicle Code 24400 mandates the use of headlights when driving after dark. This regulation requires motorized vehicles, excluding motorcyclists, to have at least two lighted headlamps when driving at night, in adverse weather, or both.
Drivers can determine inclement weather if they can’t see a person or another vehicle on the highway from a distance of 1,000 feet. Furthermore, drivers must also use windshield wipers due to rain, mist, snow, fog, or other types of precipitation or atmospheric moisture.
California Vehicle Code 24600 also requires every vehicle to have one or more taillamps. When two tail lamps are required under specific conditions of this law, at least one must be installed on the left and right sides at the same level.
What to Do in a Nighttime Pedestrian Accident
In a pedestrian accident in Pasadena during nighttime, you may do the following to protect your safety and rights:
- Ensure Safety: Locate a secure area and evaluate if all involved individuals have injuries.
- Seek Medical Assistance: To diagnose and treat any injuries, get medical assistance as soon as possible, even if they appear minor.
- Call 911: Contact the Pasadena police or emergency services to respond to the accident.
- Exchange Information: Exchange information with the individuals involved, including the witnesses.
- Capture the Scene: Take pictures of the accident site, including the lighting, signage, and state of the roads.
- Contact a Pasadena car-pedestrian accident lawyer: Contact accident lawyers in Pasadena to learn more about your rights and possible legal alternatives.
Can I File a Claim for a Pedestrian Accident At Night?
If you are involved in a nighttime pedestrian accident in Pasadena caused by another individual, you can claim against them to receive compensation for the damages. However, it’s essential to gather evidence demonstrating the other party’s negligence as the cause of the accident.
This involves proving key elements:
- The individual had a duty to ensure road safety.
- They breached this duty through negligence.
- Their breach directly caused the nighttime accident.
- The accident resulted in damages or injuries.1
Unfortunately, in an accident at night, the driver who causes the crash may leave the scene without notifying the authorities or assisting the injured pedestrian. You may still receive compensation for the damages if this happens to you.
Law enforcement usually investigates the collision scene to obtain information to help identify the driver. However, authorities might occasionally be unable to locate the at-fault driver. In these situations, a Pasadena car-pedestrian accident lawyer can work with detectives to gather information and assist in finding the motorist.
If the at-fault motorist cannot be found, your attorney will examine your insurance policy and determine the best legal options for you to receive compensation for the damages.
Lawyer’s Tip: California adopts the pure comparative negligence principle, which allows persons involved in a crash to file a claim even if they contributed to the accident. In such instances, you will most likely obtain a reduced settlement based on your contribution to the incident.
Steps to Establish Liability in Nighttime Pedestrian Accidents in Pasadena
Liability in a nighttime pedestrian accident in Pasadena is the basis for your claim. So, if you lack evidence showing that the other party caused the collision, you won’t have the right to compensation. This is why it is crucial to do the following to establish liability in such circumstances.
Gather Evidence
Gather as much information as you can from the accident scene, such as pictures of the surrounding area, vehicle damage, and any clearly visible injuries. You may also identify and collect the contact information of witnesses who were there when the accident occurred.
Remember to note the lighting, road conditions, and weather when the accident occurred. Also, record nearby light sources, including traffic signals and street lights.
Review Police Reports
Request a copy of the police report. This record can include crucial information about the incident’s circumstances and any citations given to the parties involved. Usually, responding officers log essential details about the crash that may show liability, such as:
- Contact details of the drivers
- Accounts from the involved parties and eyewitnesses
- The accident’s date, time, and location
- Weather and road conditions at the scene.
- A diagram illustrating the nighttime collision
- Any observed traffic violations and the officer’s assessment of the accident’s cause should be documented.
Stick to Your Medical Treatment
Pedestrian accident claims are based on the fact that you were injured in the crash. So, you can’t bring a claim if you cannot prove that you suffered damages. It is crucial to seek immediate medical attention after the crash to diagnose overall damage and protect your well-being.
During the treatments, you must also consistently adhere to these. If the insurance company finds out you missed medical treatments, they may insist that your injuries are not as severe as you claim they are or aren’t caused by the collision.
Consult with Accident Lawyers in Pasadena
Seek advice from a knowledgeable Pasadena car-pedestrian accident lawyer who can guide you through the claims process, offer insightful legal counsel, and fight for your rights to ensure you get just compensation for your losses and injuries.
As injuries may become more catastrophic to pedestrians than to vehicle occupants, a lawyer can help prove liability and win your case while you focus on recovering from your injuries.
How Can a Pasadena Car-Pedestrian Accident Lawyer Help?
When filing a pedestrian accident claim, you may encounter various challenges that could diminish your compensation value or even result in the dismissal of your case.
For instance, a drowsy driver hits you while crossing the street. Unfortunately, they flee the scene without notifying the police or helping you. In such a scenario, pursuing legal action may seem impossible without access to crucial details about the at-fault driver.
In these circumstances, a Pasadena car-pedestrian accident lawyer can play a pivotal role in investigating the accident’s circumstances. They can collaborate with investigators to locate the driver and explore alternative legal avenues tailored to your needs.
Furthermore, accident lawyers in Pasadena can assist you in several essential tasks essential for substantiating your claim, such as:
- Gathering evidence
- Identifying the liable driver in the nighttime pedestrian accident
- Analyzing the incident’s facts
- Adhering to legal deadlines
- Determining a fair settlement amount
- Safeguarding your legal rights throughout the process.
Why Choose Accident Lawyers in Pasadena from Jacoby and Meyers
Numerous legal firms throughout California offer assistance to individuals seeking compensation for car accidents. However, Jacoby & Meyers stands out by providing an unparalleled legal process dedicated to protecting your rights, making us the preferred choice for accident victims.
Since 1972, Jacoby & Meyers has unwaveringly defended the legal rights of individuals involved in auto accidents and secured substantial settlements. Our proven track record, surpassing $2 billion in settlements, highlights our dedication to our clients.
If you’ve sustained injuries in a car accident in California, Jacoby & Meyers is here to help. We provide free consultations for injury victims and operate on a contingency fee basis.
Jacoby and Meyers. Because Everyone Deserves Justice.
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Instead of relying only on our guarantees, hear what satisfied customers say about our services.
“I 100% recommend Jacoby & Meyers. I have been well taken care of during the whole process. They are easy to reach out to at any time of day. The team is friendly and professional. The process is straightforward and organized. Overall, it was great to work with.” – U.P.
Frequently Asked Questions About Pedestrian Accidents
Do you have further questions regarding pedestrian accident claims? We got you! Here are some frequently asked questions from injured victims that may help explain some aspects of your case.
- Jaywalking in California Is Now Legal: How Does This Affect You?
- Pedestrian Accidents and How to Deal with Them
- Can I File A Pedestrian Accident Claim If I’m Not In A Crosswalk?
- What Usually Happens in a Hit-and-Run Accident?
- What Happens If You Get Hit By A Car While Jaywalking?
Works Cited
“California Vehicle Code 24400.” California Legislative Information.
“California Vehicle Code 24600.” California Legislative Information, https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH§ionNum=24600.
“Exploring nighttime pedestrian crash patterns at intersections and segments: Findings from the machine learning algorithm.” Science Direct. Accessed 12 April 2024.
“OTS Crash Rankings Results.” California office of Traffic Safety. Accessed 12 April 2024.
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