Kimsey Law Firm, P.A.
kimsey Law Firm, P.A.
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Driving at night and legal liability

On Behalf of | Feb 3, 2021 | Auto Accidents

Although Florida no-fault law requires drivers to self-insure for relatively minor accidents, legal liability may still apply when drivers are seriously injured. Driving at night is one way that legal liability may arise.

Can a driver be legally liable for poor driving at night?

Yes, a driver has a legal obligation to take nighttime conditions into account. They must adjust their driving behavior accordingly in order to avoid auto accidents.

For example, if visibility is diminished, the driver must reduce their speed. They must drive at a prudent speed for the conditions even if that means driving slower than the speed limit. Driving at night also requires leaving an appropriate following distance between other vehicles, observing speed limits and obeying stop signs and traffic signals.

Accident liability for negligent driving at night

Ultimately, determining accident liability for driving at night comes down to a determination of reasonable conduct. When a driver takes to the road, they are legally obligated to act with caution and courtesy for the benefit of those around them. That means using a reasonable amount of care.

Reasonable care is more than just minimum care. It is also not strict liability. A driver has to use a reasonable amount of caution with regard for the safety of others. If there is an accident, a subsequent inquiry about fault depends on the true facts and events surrounding the crash.

Responding to an accident based on night driving

A person who is injured in an accident in Florida may claim financial compensation with the help of an attorney. They may file the claim through their insurance company or pursue a third-party legal claim. Understanding negligence and legal liability for driving at night can help a victim claim the compensation that they deserve.