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William Eadie | Feb 16, 2015

Hit By Car While Walking at Night, Do You Have a Case?

Categories: Personal Injury

We take safety measures every day to protect ourselves and our loved ones. Whether it’s riding a biking, walking, skateboarding or driving a car, we have to make sure we do everything possible to remain from getting hurt.

But if you don’t take every step possible are you at fault for an accident? If I take a stroll at night and get hit by a passing vehicle, am I at fault for walking out in the dark?

Well that depends on what can be seen and should have been seen from the driver’s perspective. The driver has an inherent duty to be aware of their surroundings at all times even when other people are not. Just because it’s dark outside doesn’t mean the driver could not have seen you and that’s what we’d need to prove.

But how do we do that? We start with gathering all the information about the accident that we can find. We use photographs of the accident scene, witness statements and anything else that will help tell the story of what happened. We also hire expert witnesses called accident reconstructionist specialists. Their job is rebuilding the data from the accident scene and basically recreating how the accident occurred. In doing so, they are able to show who was at fault for your injuries.

There are a lot of factors that go into a car accident and the driver needs to be fully aware of everything going on around them and this includes distractions, bad weather, road conditions, road design, and even lighting. And failing to do so can cause serious harm and even death to someone just walking by or driving by in another vehicle. If you’ve been injured in a car accident while walking at night, you need to speak to an experienced attorney to help prove your case and assist in you being compensated for those injuries.