Bad lighting can cause a car accident on a freeway in several ways. When it does, the state or municipality can be held liable. They are responsible for keeping the lighting on the freeways in working order. However, filing a personal injury claim against a governmental entity can be difficult.
How can poor lighting cause a car accident on the freeway?
When the lighting on a freeway is inadequate, it makes it more difficult for drivers to see hazards, such as:
- other vehicles on the road,
- vehicles in the breakdown lane,
- pedestrians,
- animals on the freeway,
- objects in the road, or
- road signs.
Poor visibility can make it more difficult for drivers to avoid these hazards and the vehicle crashes that they can cause.
For example: Ben is driving on a poorly-lit freeway. He does not see signs warning of road repair and crashes into a construction zone.
Additionally, when lighting conditions are inadequate, motorists are more likely to use their high beams or bright headlights. When these shine directly into your eyes, they can momentarily blind you. This can increase the risks of a crash.
Who can be held liable when poor street lighting causes an accident?
When poor lighting causes an accident, the entity responsible for implementing and maintaining the lighting can be held liable. When the crash happened on the freeway, this is typically either the:
- local government or
- state government.
On freeways, it is generally the state government. On local roads, it is generally the local municipality, such as the:
- City,
- town, or
- county.
These government entities typically have a Department of Transportation or a Highway Department. These departments are responsible for ensuring that freeway lighting is adequate and working. They can fail to uphold this responsibility by:
- erecting light poles that are too far apart,
- using poles that are too short, leading to the light reflecting off the roadway and into drivers’ eyes,
- using poles that are too tall, leading to dim lighting at the surface of the road,
- using light bulbs that are too dim,
- not lighting street signs,
- leaving stretches of the freeway unlit,
- not replacing light bulbs that have gone out, or
- incorrectly implementing a light timer or sensor, so the lights do not go on when it gets dark.
If one of these failures ends up causing your accident, you may be entitled to compensation.
What compensation am I entitled to receive?
If you were the victim of a car accident, you are entitled to financial compensation for your legal damages. This covers all of the ways that you have suffered from the accident. For example, you can recover compensation for your medical bills, lost wages, and even pain and suffering.
Your family members and loved ones can also recover compensation for their loss of consortium.
This compensation can be substantial, especially if you suffered serious injuries.
However, this compensation can be reduced by your share of responsibility for the accident. Most states use a version of a comparative fault law for this situation.
For example: Marcia fails to see a deer on the freeway due to inadequate lighting. In her attempt to avoid it, she causes a car crash with another motor vehicle. However, she was speeding at the time of the auto accident. This contributed to her inability to see the deer in time to avoid the traffic accident.
A car accident lawyer from the legal team at our law office can ensure you get the compensation you deserve.
Are there obstacles when suing a municipality?
Many government entities have legal protections from personal injury lawsuits. These can make it more difficult to sue them. They can also limit what you can recover in compensation. While this protects taxpayer money from judgments, it can leave victims undercompensated.
For example, lawsuits against a government agency in California fall under the California Torts Claims Act. Under this law, you generally have to properly file a notice of claim within 6 months of the date of the injury.[1] This alerts the government agency of your intent to sue them.
You may also have to overcome an affirmative defense of government design immunity. This can immunize the government agency from liability if it can show that the freeway design was approved by qualified personnel.[2]
There may also be damage caps or prohibitions against punitive damage awards.
A personal injury lawyer is even more essential for these types of accidents than those against private parties.
What safety precautions can I take when the lighting is bad on the freeway?
When there is not adequate lighting on the freeway, there are several things that you can do to reduce the odds of a crash:
- increase your following distance,
- slow down,
- pay more attention to the roadway by eliminating distractions,
- do not look directly at the headlights of cars travelling in the opposite direction,
- use the switch under your rearview mirror to use its less-reflective surface to reduce the glare of headlights behind you, and
- only use your high beams when there are no cars in front of you, or else you may be blinding other drivers and increasing the risks of a collision.
If you are involved in an accident, you may have legal options. Getting a case evaluation from a personal injury attorney at a reputable law firm can help you understand your rights.
What if the accident occurred in a parking lot?
Vehicle accidents caused by bad lighting are also common in parking lots. However, you would be suing the property owner, rather than a government entity. Typically, these accidents would be under premises liability law. The parking lot owner would have a legal duty to provide proper lighting to keep its patrons reasonably safe. Failing to do so would make them liable for the resulting injuries.
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