Negligent Driving at Night
The idea that it is harder to see, and thus harder to drive, at nighttime is nothing novel and will not be headlining the local news this evening. However, it is important to keep this premise in mind while driving after dark in order to avoid automobile accidents and resulting liability for damages. The fact that it is harder to see at night does not mean drivers can drive like it is the last lap of the Indy 500 and simply avoid liability by claiming that whoever or whatever they hit was in their way and they could not see the obstacle because of the darkness. Rather, the increased difficulty of seeing the roadway at night imposes on drivers in Tennessee an obligation to drive more carefully than they do during the day.
Tennessee law holds that a driver will be liable for negligently operating a vehicle if they are driving at such a high rate of speed that they cannot stop within, or avoid hitting obstacles within, the distance illuminated by the vehicle’s headlights. This duty is not relieved simply because it is raining or because the driver was compelled to drive with dimmers due to weather conditions. This approach in its simplest form basically says that if you can see it, don’t hit it, or you will pay for it (literally or figuratively, maybe both). Drivers on dark and windy roads would be well advised to ignore the subconscious need to go “at least” the speed limit prescribed by law. Instead, drivers should take a slow and steady approach and make sure that they are driving at a speed and in a manner that will allow them to avoid all visible obstacles.
While no rate of speed in itself can constitute negligence, the rate of speed at which negligence is likely to be imposed upon a driver is much lower at night than in the day time for obvious reasons. Even if drivers feel like they are familiar with the road, there is always a chance that some heretofore unknown obstacle could be in the path that the driver has no knowledge of and could not have anticipated. In such situations, the vehicle’s headlights may provide the only warning a driver has that such an impediment exists. Thus, Tennessee puts the burden on drivers to drive at a speed that makes it possible for them to avoid obstacles illuminated in such a manner.
If you or a loved one has been injured in an auto accident in Tennessee that was caused by a negligent driver at night, the skilled East Tennessee auto accident attorneys at Baker Associates can help. To learn more about how we may be able to help you receive compensation for your injuries, contact us today for a free consultation.
Source: 4 Tenn. Juris. AUTOMOBILES section 6.
