Drivers in Bakersfield must monitor the road ahead at all times and slow down to avoid potential collisions with pedestrians. This duty of caution intensifies at night, when identifying pedestrians in or near the road requires extra attention.
Drivers usually bear the majority of blame, if not all of it, if an accident occurs. However, pedestrians traveling at night may share partial fault if they act without caution, making it difficult for motorists to spot them and stop to avoid an accident.
Pedestrian Accident Dangers at Night
Bakersfield pedestrians can head out at night for many reasons. They may be out for some exercise in the cooler temperatures. They may be walking to a local store. They can be returning from a school sporting event. Those on foot face the same dangers that anyone walking during the day faces, but at night, some dangers are magnified.
- Distracted drivers staring at the lighted screens of cellphones, making it harder for their eyes to adjust and to spot someone crossing a road like Truxtun Avenue
- Visibility is reduced in areas of Bakersfield with fewer street lights, especially neighborhoods where residents are out on walks
- Drivers on less busy roads at night may be tempted to go faster, putting pedestrians in their paths at further risk
- Drivers traversing parking lots, not paying attention to shoppers walking into stores
These and other hazards put pedestrians at extreme risk. Even a low-speed collision with a vehicle can cause broken bones and head injuries as victims strike the front of a car and the road surface.
Insurance companies for at-fault drivers look for any way possible to avoid having to help pedestrians cover their medical care. Insurers can try to blame the pedestrian or question how bad the injuries are, simply to reduce the size of a settlement check.
A skilled Bakerfield Pedestrian Accident Lawyer fights back for victims by investigating the accident and collecting all the evidence. By keeping an insurer honest, a good lawyer can often secure much more for victims than they could win for themselves.
Who Is Liable for a Pedestrian Accident at Night in Bakersfield?
Drivers bear the biggest share of the responsibility for keeping pedestrians safe. This is due to the major difference between someone protected in a vehicle during a collision and a defenseless pedestrian who has little protection when struck.
Drivers are expected to always monitor for the presence of pedestrians and slow down when spotting them. Drivers must be going slow enough to allow for the ability to come to a complete stop safely to avoid an impact.
This extra responsibility for safe travel is why drivers are often found at fault in pedestrian accidents. Drivers can even be found liable when pedestrians were crossing the street outside of a crosswalk. This liability is even easier to assign when drivers were speeding or were staring at something other than the road at the time of the collision.
Pedestrians can share some blame in an accident, but the driver usually isn’t excused from all fault. In California, motorists and those on foot can share liability in some collisions. Pedestrians rarely receive full blame for an accident, but they can be assigned a portion of the blame if they were careless.
- Pedestrians can receive blame if they suddenly step out in front of a car, allowing no time for the driver to react and stop.
- Pedestrians traveling down the middle of a dark street and remaining there without the intention to cross could be held liable.
- Pedestrians who wear dark clothing and don’t take extra caution to avoid crossing in front of drivers who may not be able to see them at night might bear some responsibility.
Can I Receive Compensation If I’m Found Partially to Blame for a Nighttime Pedestrian Accident?
Yes. As long as the pedestrian isn’t found 100% at fault, the victim could file an injury claim and seek help with medical bills and other damages.
As long as the driver is also assigned blame, the driver’s car insurance could be called on for partial support.
The pedestrian could win a judgment; however, the percentage of blame the pedestrian was assigned would be subtracted from the award.
Do I Need a Pedestrian Accident Lawyer After Being Hit at Night?
If you come away from a pedestrian collision with a serious injury, say a broken bone or a head injury, it’s a good idea to talk to a lawyer in a free consultation. An attorney would be able to help you take on a giant car insurance company, and in many cases, earn you more.
A lawyer is also helpful when you are being blamed for your accident. Our lawyers can help you collect evidence showing a driver was fully to blame. Or if you must accept some blame, we fight to make sure your percentage of fault is as low as possible.
Contact Maison Law Accident & Injury Lawyers of Bakersfield to schedule a confidential, no-obligation, no-cost review of your case.
If you do need a lawyer to help earn what you need for a full recovery, you won’t need any money to hire us. We don’t get paid unless we win your case for you. Then our fee comes out of the settlement check that a car insurer must write for you.