Motor Vehicle and Premises Liability Complexities Resulting From Low-Light Conditions

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. 

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?