About the Course
Introduction
This CLE webinar will provide guidance for investigating and trying personal injury cases in which low illumination is a factor in liability, focusing on motor vehicle accidents and premises liability incidents. The panel will offer best practices for investigating these cases, review the types of experts often retained, and explore overcoming challenges with accident reconstruction.
Description
When someone is injured in an accident on a dark road or in a poorly lit parking lot, determining liability becomes a complex issue. Many lawyers overlook how important lighting, or the lack of it, is. Understanding the science of low illumination on visibility, perception, and reaction time is essential. Investigation of the incident itself can be challenging. The same visibility and perception challenges also affect witnesses.
Both the injuring and the injured party are expected to adjust to prevailing conditions and both may be at fault whether the incident is a car wreck, a slip and fall, or pedestrian injury. Comparative negligence and apportionment play pivotal roles in these cases. Experts are often needed to determine how much time a driver or pedestrian had to react, and that means being able to deftly handle Daubert and FRE 702 issues.
Counsel in these cases must always consider whether third parties are also liable. Many county and city ordinances specify lighting requirements, so being able to research these is important to case evaluation. Property owners, municipalities, and other third parties that fail to comply or maintain proper lighting may be additional defendants.
Listen as our renowned panel of vehicle accident and premises liability attorneys discusses how low-light conditions affect case evaluation and liability, and offers insights for navigating the nuances of these common but complex cases.
Presented By
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Dr. Grugle is a board-certified Human Factors Professional (CHFP) with over 25 years of academic, research, industry, and forensic experience in the field of human factors. She specializes in transportation-related human factors issues such as driver inattention (fatigue, distraction, impairment), perception-reaction time, nighttime visibility and conspicuity, looming, gap judgment and acceptance, and expectancy and positive guidance. Dr. Grugle works on cases nationwide. She conducts investigations for both Plaintiff and Defense counsel (approximately 50/50) and has been qualified in both state and federal courts.
Mr. Kemp is dedicated to protecting and representing those who have been seriously injured in truck and car accidents. He is passionate about holding negligent drivers and trucking companies accountable for their actions. Obtaining great results for clients, whether through trial or settlement, is what Mr. Kemp believes will lead to safer roads and fewer victims of unnecessary truck and car accidents. Recently, he obtained a $8 million settlement, which was the largest settlement in the State of Michigan in 2024 according to Michigan Lawyer’s Weekly. The year prior, Mr. Kemp obtained a $8.5 million truck accident settlement.
Mr. Servais is dedicated to protecting and representing individuals seriously injured in motor vehicle accidents. He is a tenacious advocate who is deeply passionate about holding negligent drivers and trucking companies accountable for the harms and losses they cause when innocent people get hurt. Mr. Servais specializes in first-party auto accident cases for unpaid No-Fault PIP benefits and third-party auto accident cases for pain and suffering compensation throughout Metro Detroit and southeastern Michigan. Committed to protecting his clients’ legal rights, he prides himself on truly helping people and making a real difference in their lives, all while striving to secure the best possible settlement results in their cases. Mr. Servais has been named to DBusiness Magazine’s list of Top Lawyers in Metro Detroit for 2025.
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This 90-minute webinar is eligible in most states for 1.5 CLE credits.
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Date + Time
- event
Wednesday, October 29, 2025
- schedule
1:00 p.m. ET./10:00 a.m. PT
I. Defining low illumination
II. Investigation challenges
III. Identifying all defendants
IV. Establishing the standard of care owed to plaintiff and its breach
V. Role of experts
VI. Contending with contributory and comparative negligence
The panel will review these and other significant issues:
- Why are vehicle accidents that occur at night three times more deadly?
- If a governmental unit may be liable, what additional steps must a plaintiff's lawyer take?
- Is there a standard for "low illumination," and who sets it?
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