Pedestrian Accidents at Night — Liability Issues
Nighttime is one of the most dangerous times for pedestrians in Alberta. Reduced visibility, driver fatigue, and impaired judgment all increase the risk of serious collisions. Even with streetlights and reflective clothing, drivers often claim they 'didn't see' the pedestrian until it was too late.
When these accidents happen, determining fault becomes complex. Was the driver speeding or distracted? Did poor lighting contribute? Was the pedestrian visible enough? These questions shape how liability — and compensation — are decided.
As Alberta injury lawyers with years of experience handling pedestrian claims, we know how insurers assess nighttime accidents and how to prove negligence when visibility is low. This guide explains how fault is determined, what evidence matters most, and how victims can recover compensation.
Why Pedestrian Accidents Are More Common at Night
While pedestrians make up a small percentage of Alberta's traffic, nighttime collisions account for a disproportionately high number of fatalities. Most occur between **dusk and early morning**, when both lighting and driver alertness decline.
Common causes include:
Determining Liability in Nighttime Pedestrian Accidents
Liability in pedestrian accidents depends on **negligence** — whether each party failed to act with reasonable care under the circumstances.
Steps to Take After a Nighttime Pedestrian Accident
Taking immediate action after a nighttime pedestrian accident can protect both your health and your legal rights:
Call 911
Ensure police document lighting, speed, and road conditions.
Seek Medical Attention Immediately
Even for seemingly minor injuries.
Take Photos or Videos of the Area
Including streetlights, crosswalks, and visibility.
Collect Driver and Witness Information
Get contact details from all parties involved.
Request the Police Report Number
This will be essential for your claim.
Avoid Making Statements to Insurers
Before obtaining legal advice.
Contact an Alberta Pedestrian-Injury Lawyer Quickly
Evidence like video footage can disappear within days.
How a Lawyer Proves Negligence in Night Collisions
Establishing liability in a nighttime pedestrian case requires technical evidence and investigative skill. We:
Obtain Police and Collision Reports
Identifying lighting and visibility conditions.
Collect Video Footage
Dash-cam, traffic, and security video footage.
Work with Forensic Experts
Forensic and reconstruction experts to measure sightlines and stopping distances.
Interview Witnesses
Witnesses and first responders.
Review Medical and Economic Reports
To quantify losses.
Negotiate or Litigate Aggressively
When insurers downplay fault.
Case Example
A pedestrian in Calgary was struck crossing a dimly lit residential street. The insurer argued the driver 'couldn't see' the victim due to darkness. We hired an expert to replicate lighting conditions and proved the driver had 5 seconds of visibility. The case settled for **$290,000**, covering rehabilitation and income loss.
Frequently Asked Questions
Conclusion
Nighttime pedestrian accidents can be among the hardest cases to prove — but Alberta law holds drivers to a strict duty of care, even when visibility is low. Poor lighting may explain an accident, but it doesn't excuse negligence.
Get medical help immediately
Document lighting and road conditions
Avoid insurer contact
Contact a lawyer early to preserve evidence
Injured in a nighttime pedestrian accident? Contact us today for a free consultation.
No fee unless we win.