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
Dr. Grugle is a human factors expert who specializes in cases involving human performance and behavior, particularly in motor vehicle collisions. Her areas of specialization include fatigue, sleep deprivation, and drowsy driving, as well as distracted driving, looming, visibility/conspicuity, and driver actions. Dr. Grugle has conducted hundreds of forensic investigations on cases involving these issues as well as cases involving roadway design (expectancy and positive guidance), and driver assistance technologies (forward collision warning, lane departure warning). Dr. Grugle is a Board-Certified Human Factors Professional (CHFP) with over 20 years of academic, research, industry, and forensic experience in human factors engineering. She was awarded competitive human factors research grants from the National Science Foundation, the Ohio Department of Transportation, and the Cleveland State University Transportation Center and her research has been published in national and international peer-reviewed journals. Dr. Grugle conducts investigations for both plaintiff and defense counsel and has testified 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.
-
This 90-minute webinar is eligible in most states for 1.5 CLE credits.
-
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?
Related Courses
Motor Vehicle and Premises Liability Complexities Resulting From Low-Light Conditions
Wednesday, October 29, 2025
1:00 p.m. ET./10:00 a.m. PT