How To Hold A Motorist Responsible For Negligent Nighttime Driving
The worst time to be on the road is late at night. While there are fewer cars on the road, driving at night can lead to visibility concerns. However, even with the challenges inherent in driving at night, your car accident case will ultimately come down to who was the most liable and who was responsible for the accident.
Nighttime Vs. Daytime Driving
Even when using the right type of headlights, it can be difficult to see when operating a vehicle at night. Motorists are also more likely to be fatigued when operating a vehicle at night and this can increase the risk of an auto accident.
One of the reasons why nighttime driving is so dangerous is that motorists feel exhausted while driving late at night and are more likely to make mistakes. Drivers who are exhausted are also more likely to fall asleep and crash.
Liability
Even though it is more difficult to drive at night, motorists are expected to drive safely and follow the rules of the road. Drivers who are not able to drive safely due to road conditions should pull over until they are able to safely operate their vehicles.
If the other motorist was responsible for the accident, they might claim that they were not able to see you. This could actually be true because some drivers struggle to see at night. However, even if this is the case, not being able to see at night isn't an unforeseeable medical problem and the driver could still be held responsible for driving when it's not safe to do so.
Building Your Case
After a car accident, it's very important to understand why the accident occurred. It might be the result of the driver:
- Driving while under the influence of alcohol
- Being distracted
- Driving while fatigued
If you are able to prove that the other driver was negligent, you can then pursue a settlement or you might take the river to court.
You might wonder how you will be able to prove that the driver was at fault. If you suspect that the driver is under the influence of alcohol, make sure to tell the police officer responding to the call. They might conduct an investigation and might be able to prove that the driver was drinking and driving.
Your attorney may also be able to find evidence, with the help of an expert witness, by examining the scene of the accident. Skid marks and debris left behind can provide clues. With all of this evidence, your attorney will help you negotiate a settlement.
For more information, contact a local car accident lawyer.
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