Driving on a dark freeway at night is like navigating a minefield. Shadows dance, visibility drops, and hazards can appear out of nowhere. Although drivers are primarily responsible for the safe operation of a vehicle, what happens when poor infrastructure, in this case, inadequate lighting, contributes to a serious collision? An unexpected crash in the dark could cause you to suffer injuries or death. The question then arises, “Who is at fault? The drivers or the people who were responsible for ensuring road safety?”

Investigating liability in a freeway accident due to inadequate lighting will involve establishing negligence, duty of care, and the importance of lighting. This is not merely about who was driving but focuses on systemic deficiencies that can turn a typical commute home into a horrific incident.

What Constitutes "Bad Lighting" on a California Freeway?

Bad lighting on a freeway is much more than just an absence of light. This is any situation where the lighting system fails to provide a reasonably safe visual environment for drivers exercising reasonable care. This covers primary issues, including:

  • Inadequate illumination across a stretch of highway

  • Insufficient number of light poles for the configuration of the road

  • All of the lights next to each other failing (broken streetlights)

Poorly designed systems can create secondary problems, such as:

  • Lights that are positioned in ways that make them glare and temporarily blind drivers

  • Faulty sensors that mean lights fail to work at dusk or in poor weather

  • Out-of-date technology that delivers uneven light or creates misleading shadows

Caltrans and local transportation agencies have specifications and guidelines for freeway lighting design that consider traffic volumes, complexity of interchanges, and proximity to urbanized areas, although particular legal requirements may differ.

How Inadequate Lighting Directly Contributes to Collisions

Accidents are caused directly by inadequate lighting, as it reduces the driver’s ability to drive on the road safely. The most immediate impact is reduced visibility. The driver’s ability to see as far ahead is impaired, leaving little time to react to a broken-down vehicle, debris, potholes, or someone walking on or near the freeway. Less visibility means slower reaction times. If we see something in the dark, our brains need more time to process that information.

Furthermore, insufficient light can distort your depth perception, which makes it hard to judge how far away other vehicles are or how fast they are going. When oncoming headlights or poorly installed lights glare in the driver’s eye without ambient light, it can cause temporary blindness or distortion, or make it impossible to see objects concealed by the glare. An accident can happen if a driver’s vision is impaired by under-lighting on the road, along with other hazards.

Parties Potentially Liable for Freeway Accidents That Result from Bad Lighting

At times, it may be challenging to pinpoint fault in a freeway accident involving bad lighting. Liability can be complicated because there are often many parties whose actions or inactions contributed to the crash.

While the drivers involved are continually examined for any fault, for example, speeding or driving while distracted, the fault could go much further than the cars themselves. The responsible parties could be:

  • A government agency in charge of maintaining the freeway, which could be Caltrans, a local city, or county agency

  • A construction company, if the accident happened in a construction zone with insufficient temporary lighting,

  • A car manufacturer would be liable if a defective headlight were involved in the accident, though in rare cases

It is important to understand how these parties could be at fault. Under California law, damages are apportioned according to fault under the comparative negligence rule.

When Caltrans or Local Agencies Are Responsible (Government’s liability)

A key hurdle to holding a government entity like Caltrans or a local city or county agency liable for a freeway collision due to poor lighting is the troublesome doctrine known as “sovereign immunity,” leaving aside other unusual issues.

In the past, you could not sue the government. However, California created certain exceptions. One of them is Government Code 835. This statute gives the right for a public entity to be held liable for injuries caused by a dangerous condition of its public property if:

  • The condition created a foreseeable risk of the kind of injury that occurred, and either the public entity or a public employee created the dangerous condition that ultimately caused the injury, or

  • The public entity had actual or constructive notice that the dangerous condition existed and failed to take reasonable steps to protect against the risk.

In this case, a dangerous condition could include poor or non-working freeway lights that obstruct visibility and make the roadway unsafe. However, merely having poor lighting is not enough. As the injured party, you have to show that the government entity had notice of the issue.

When an entity has actual notice, a person from the entity was told or saw the dangerous lighting condition firsthand. On the other hand, constructive notice refers to the condition that existed for a specific period and was so evident that the public entity should have discovered it through reasonable diligence. You should also prove that the government had sufficient time to remedy the situation after being notified, but failed to act.

There are stringent deadlines to follow when pursuing your claim against a government entity. Before bringing a lawsuit, you should file a formal notice of a governmental tort claim with the responsible agency. In case of injury due to negligence, you must file a government tort claim within 6 months from the injury date and not from the date of the accident or incident. You have very few exceptions to the deadline. Almost always, the failure to meet it will bar you from suing. The filing process for these claims is specific and requires certain information. It is difficult to win an accident claim against the government due to a lack of lighting. You will need to provide extensive evidence. Moreover, it also calls for a strong understanding of the California Government Claims. An accident attorney with experience in these lawsuits could prove invaluable.

Other Drivers' or Entities’ Liability

Although insufficient lighting can be a significant cause, other parties, including the other driver, may also be at fault in the crash. Accidents still happen when the driver does not act reasonably.

Negligence on the driver’s part may be established if the driver:

  • Was speeding

  • Drove too fast for the reduced visibility conditions

  • Was distracted by a text message or something else

  • Was impaired by drugs or alcohol

  • Failed to act appropriately despite a hazard that was partly visible in the dark

A jury could determine that the driver’s actions or non-actions were a substantial factor or cause of the crash, regardless of the lighting conditions.

California uses a system of "pure comparative negligence." In other words, fault can be allocated to all parties who contributed to the accident, including the injured party. If a jury finds that, as the injured driver, you were 10% at fault, for example, if you were driving a little too fast and the government was 90% at fault for dangerous lighting, your total damages award will be reduced by 10%. This system allocates damages based on the fault assigned to each party.

Construction companies may be liable for accidents in construction zones if they fail to set up temporary lighting or damage the existing permanent lighting system. After all, they are responsible for managing traffic and other conditions. It is far less common in cases involving poor lighting. However, liability could extend as far as the vehicle manufacturer if a defect in the vehicle lighting system, for example, faulty headlights, contributed to the collision, but this is usually hard to prove.

Evidence Needed to Prove Liability for Bad Lighting

When a claim is made against a government entity, and inadequate lighting on the freeway caused or contributed to the accident, it must be proven. The burden of proof rests squarely on the claimant. It is important to gather complete and relevant evidence right after the accident.

Necessary evidence incorporates the official police report. The report might provide details about the lighting conditions or note them as a contributing factor, though officers are not usually trained lighting experts.

Most importantly, take pictures and videos of the accident scene immediately after the crash, especially in poor lighting conditions, for example, at night. These images make it easy to show where there is insufficient light, faulty lights, and the extent of glare. Statements from drivers, passengers, or residents nearby who can say there have been poor lights in that location for a long time will also help.

The evidence needed to prove a lighting defect and the entity responsible for that defect includes:

  • Maintenance records of the freeway lighting in that area, which you will obtain through discovery

  • A record of past complaints made to Caltrans or the responsible agency about the lighting, which may show notice

  • Traffic camera footage, if available

Expert witnesses are often critical in these cases. A lighting engineer can evaluate the scene, the lighting system design, and relevant standards to determine whether the illumination was inadequate and hazardous. Furthermore, an accident reconstructionist could use the evidence to show how the absence of lighting affected the drivers’ perception and reaction times, causing the accident.

Steps to Take After a Freeway Accident Involving Poor Lighting

As with any accident, call 911 immediately to notify the police and paramedics first. If you fall victim to a freeway accident due to poor lighting. Ensure that the police report indicates that the lighting was poor at the site of the accident. Above all, put safety first. If you can, get the vehicles out of the way. Turn on the hazard lights and put out warning signals.

Seek medical help immediately, even if you are not seriously hurt. Some injuries appear later. Timely medical documentation is essential for future claims.

You should also gather the names and contact details of all the drivers and witnesses involved in the accident. Take as many pictures as you can. Take photos and videos of the accident scene, damage to the vehicles involved, injuries you sustained, and, importantly, lighting conditions at nighttime, if it is safe to do so soon after the collision. If you cannot, have someone do that on your behalf.

It is best to officially report the failure or poor lighting issue to Caltrans or the local transportation agency. Though it will not replace an official tort claim to the government, this helps to create an additional record of the condition. To claim for any accident on the freeway caused by a government entity, contact a personal injury attorney as soon as possible.

The Different Categories of Damages You Can Be Awarded for Injury Claims

If you can successfully prove liability in a freeway accident caused by poor lighting, you can recover monetary compensation, or damages, for the losses you have suffered due to the accident.

Damages are typically divided into two main categories.

Economic Damages

Economic damages are measurable financial losses. You can include:

  • Medical expenses, for example, hospital bills, doctor visits, surgeries, rehabilitation, medication

  • Lost wages, which refer to income you have already lost and expect to lose in the future because of injuries

  • Property damage, which is the cost to repair or replace your car or other damaged property

  • Other out-of-pocket expenses directly related to the accident and your recovery

Non-Economic Damages

Non-economic damages are losses that are more subjective to value but significantly impact your quality of life. You can claim compensation for various harms in a personal injury claim. This includes payments for physical pain, emotional distress, and mental anguish.

Moreover, there is compensation for disfigurement and the inability to participate in activities you once enjoyed. Further compensation is available for your spouse in case of a loss of consortium claim, which is the loss of companionship and support.

The compensation you will receive in a court award or agreed-upon settlement depends on several factors. This includes:

  • The severity and permanence of your injuries

  • The total amount of your economic losses

  • The strength of the liability evidence

  • The type and amount of insurance

  • Skill of your lawyer

The law aims to make the injured party whole by compensating for his/her actual financial burdens and personal suffering.

Navigating Significant Obstacles When Suing a Municipality

Suing a US municipality can be difficult. It can be more difficult than suing a private individual or corporation. Legal doctrines and procedural requirements designed to shield government entities are to blame.

The idea of sovereign immunity is one of the biggest hurdles. Historically, the idea was that the government cannot be sued without the government’s consent. Though it has been amended over the years due to the Federal Tort Claims Act and similar state-level acts, it still gives municipalities ample protection. Typically, these statutes will enumerate the particulars under which a city may be sued and limit the type or amount of damages you can recover.

The presence of rigid rules and timelines is another big challenge. Civil lawsuits against municipalities typically require filing a formal notice within a short time frame after the accident, often 30 to 90 days after the incident. If a party fails to give a notice per the requirements, the case can be dismissed entirely, ignoring the merits of the case. Notice of claim content and delivery mechanism are also typically defined explicitly in the statute.

Furthermore, it may be harder to establish negligence when suing a municipality. The government has a duty to maintain public properties in order and provide services. However, the standard of care in these cases and what constitutes a dangerous condition may have specific legal interpretations in favor of the municipality. They might have defenses based on their limited resources or the fact that the government has discretion in maintenance and safety decisions.

Local governments have dedicated attorneys and other similar resources to address lawsuits. This can make it hard for people to take on municipalities.

Because of these hurdles, those considering suing the municipality should speak with an attorney with experience in government liability. An attorney can give valuable information about the laws and procedures in your area.

Freeway Driving Safety in Poor Lighting Conditions

Freeways with poor lighting make driving more risky. It is essential to take extra precautions to avoid danger. Here are some safety tips to consider:

  • Drive below the speed limit to give yourself more time to react to anything that may not be visible in the low-visibility environment.

  • Maintain a much greater distance between your vehicle and the car before you. This ensures a greater distance between vehicles during sudden braking. During bad weather or in inclement conditions, keep an even greater distance. Follow the three-to-four-second rule.

  • Use low beam lights — It is a common perception that low beam lights should be used only in the dark. However, that is not true. You must switch on the low beams if it is foggy or misty. High beams bounce off particles in the atmosphere and worsen glare. Ensure your headlights are clean and properly aimed.

  • Keep an eye on other drivers — Bad lighting may hinder other drivers from seeing you better. To be safe on the road, keep your actions predictable, use your turn signals well in advance, and avoid changing lanes suddenly.

  • Use caution in poorly lit areas, as it can become difficult to spot pedestrians, cyclists, and animals on the road. Scan the edges of the road carefully.

  • While driving at night, you should dim the dashboard lights and not use any interior lights. This will let your eyes adjust to the darkness outside. Moreover, it prevents glare on your windshield.

  • Avoid staring into the headlights of oncoming vehicles, as they can temporarily blind you. To keep from looking directly into the lights, focus slightly to the right side of the road. However, keep your peripheral vision in your lane.

  • If you are tired, take breaks. Driving in bad conditions is more tiring than usual. If you feel fatigued, pull over at a safe location to rest.

Keep your windshield free from dirt. A dirty windshield can create streaks of light that make driving difficult, as it can create a glare.

By taking these precautions, drivers can ensure better safety when driving on freeways at night.

Find a Car Accident Attorney Near Me

Accidents on the freeway at night are not just unfortunate events. Instead, they raise crucial issues of responsibility. If a crash happened due to insufficient light, the government responsible for keeping the highways safe may be liable. We at the Los Angeles Car Accident Attorney can help you navigate legal challenges like sovereign immunity and strict procedural rules to hold municipalities accountable.

Call the Los Angeles Car Accident Attorney at 424-237-3600 if you or someone you love has been injured in a freeway accident caused by inadequate lighting. We have the knowledge and experience needed to handle cases involving governmental agencies.