Recovering Compensation for a Car Crash at Night – What You Need to Know

Driving at night in New Jersey presents unique challenges that can increase the likelihood of accidents. Reduced visibility, driver fatigue, and impaired driving are just some of the risks that make nighttime crashes more common. If you’ve been injured in a car accident at night due to someone else’s negligence, you may be entitled to compensation for medical bills, lost wages, and other damages.

Below, we explore the challenges of nighttime driving, how fault is determined, and what steps you should take to protect your claim.

What Are the Challenges of Driving at Night?

Even experienced drivers face increased risks when driving after dark. Some of the most common hazards include:

1. Reduced Visibility

• Headlights and streetlights provide some illumination, but depth perception and peripheral vision are compromised at night.
  
• Glare from oncoming headlights can make it difficult to see the road ahead.
  
• Weather conditions like fog, rain, or snow can further obscure visibility, making nighttime driving even more dangerous.

2. Fatigued Drivers

• According to the National Highway Traffic Safety Administration (NHTSA), drowsy driving causes thousands of accidents each year. Many drivers returning home from long shifts or social gatherings are dangerously fatigued.
  
• Fatigue impairs reaction time, decision-making, and overall awareness, making it as dangerous as drunk driving in some cases.
  
• New Jersey has enacted strict laws against drowsy driving, including Maggie’s Law (N.J.S.A. 2C:11-5), which allows for vehicular homicide charges if a driver causes a fatal crash due to falling asleep at the wheel.

3. Impaired Drivers

• The risk of encountering drunk or drug-impaired drivers is significantly higher at night. The New Jersey Division of Highway Traffic Safety reports that a large percentage of fatal crashes involving alcohol occur between midnight and 3 a.m.
  
• DUI penalties in New Jersey are severe. A first offense can result in license suspension, heavy fines, and mandatory alcohol education programs (N.J.S.A. 39:4-50).

4. Speeding and Reckless Driving

• With fewer cars on the road, some drivers take the opportunity to speed or drive recklessly, increasing the risk of collisions.
  
• Speeding reduces the time available to react to hazards, especially in areas with reduced street lighting.
  
• Certain New Jersey highways, such as the Garden State Parkway and Route 80, see a higher incidence of speeding-related crashes at night.

5. Wildlife Hazards

• Rural and suburban roads in New Jersey see frequent wildlife crossings at night, particularly deer. Swerving to avoid an animal can lead to serious accidents.
  
• The New Jersey Department of Transportation recommends drivers use high beams when appropriate to spot animals early and slow down in areas prone to wildlife crossings.

Determining Fault in a Nighttime Car Accident

In New Jersey, liability in car accidents is determined based on negligence. The at-fault driver is responsible for covering damages, but proving fault in a nighttime crash can be more complex due to limited visibility and external factors.

Key factors in determining fault include:

• Traffic Laws: Violations such as speeding, failure to yield, or running a red light can establish negligence.
  
• Driver Impairment: Police reports and breathalyzer tests can indicate if a driver was under the influence.
  
• Vehicle Maintenance Issues: If a driver fails to maintain their vehicle—such as driving with broken headlights or taillights—it could be considered negligence.
  
• Comparative Negligence Rule: New Jersey follows a modified comparative negligence rule under N.J.S.A. 2A:15-5.1. This means if you are found partially at fault, your compensation may be reduced by your percentage of fault. However, if you are more than 50% at fault, you cannot recover damages.

Evidence Collection in Nighttime Car Accidents

Collecting strong evidence is crucial because proving negligence in a nighttime crash can be challenging. Here are some key steps:

• Call 911 immediately: A police report will document the crash details, including any citations issued to the other driver.
  
• Take Photos and Videos: Capture the scene, vehicle damage, road conditions, and any visible injuries.
  
• Gather Witness Information: If anyone saw the accident, get their contact details.
  
• Check for Nearby Surveillance Cameras: Security or traffic cameras may have captured the incident.
  
• Seek Medical Attention Right Away: Even if you feel fine, some injuries appear hours or days later. Medical records serve as vital evidence for your claim.
  
• Obtain Black Box Data: Many modern vehicles are equipped with electronic data recorders (EDRs) or “black boxes” that store information on speed, braking, and other key details before the crash.

Understanding Insurance Coverage for Nighttime Accidents

New Jersey is a no-fault state, meaning that your own Personal Injury Protection (PIP) coverage will cover medical expenses regardless of fault. However, PIP does not cover non-economic damages such as pain and suffering. If your injuries are serious, you may pursue a third-party claim against the at-fault driver.

Key insurance considerations in a nighttime accident:

• Uninsured/Underinsured Motorist (UM/UIM) Coverage: If the at-fault driver lacks insurance or has inadequate coverage, your UM/UIM policy can help cover your losses.
  
• Collision Coverage: Helps pay for vehicle repairs regardless of fault.
  
• Bodily Injury Liability: The at-fault driver’s insurance should cover your medical expenses and lost wages if they are found negligent.

New Jersey’s insurance laws can be complex, and insurance companies often attempt to minimize payouts. Working with an attorney ensures that your claim is handled properly and that you receive the full compensation you deserve.

Involved in a Night Car Accident? Hire Our Experienced Car Accident Lawyer

If you’ve been injured in a nighttime car accident in New Jersey, securing legal representation can make a significant difference in your claim outcome. At Rosengard Law Group, we fight for the maximum compensation you deserve while handling every aspect of your case so you can focus on recovery.

Why Choose Us?

• Proven track record of winning personal injury cases
• No upfront fees – we only get paid if you win
• Compassionate, client-focused representation

What Compensation Can You Recover?

Depending on the circumstances of your accident, you may be eligible for compensation for:

• Medical expenses (emergency care, surgeries, rehabilitation, etc.)
• Lost wages and reduced earning capacity
• Pain and suffering
• Property damage
• Future medical costs for long-term injuries

Don’t let an insurance company undervalue your claim. Contact Rosengard Law Group today for a free consultation at (856) 284-6446 or visit our website to schedule an appointment.