October Is Pedestrian Safety Month: Liability for Dusk and Nighttime Crosswalk Accidents

October is Pedestrian Safety Month, and fall brings added risks for pedestrians. Earlier sunsets and the end of daylight saving time mean more evening commutes happen in low-light conditions, making it harder for drivers to spot people entering crosswalks across Iowa and Nebraska.

If you or someone you love was hurt while crossing the street, a pedestrian crosswalk accident lawyer can help you understand how fault may be determined and what steps you can take next.

Because Iowa and Nebraska have different rules for determining fault and compensation, the location of the collision can matter. If you have questions about your case, contact MSMC Injury Lawyers for a free consultation.

Why Dusk, Dawn, and Nighttime Are the Most Dangerous Hours to Walk

Low-light conditions can make it harder for drivers to spot pedestrians in time to avoid a crash.

Several factors can increase the risk, including:

• Reduced Visibility: Drivers have less time to see and react to someone entering a crosswalk.
• Headlight Glare: Oncoming headlights can temporarily make pedestrians and other hazards harder to see.
• Driver Fatigue: Tired drivers may have slower reaction times or difficulty staying focused.
• Impaired Driving: Alcohol and drug impairment can affect judgment, vision, and reaction time.

National crash data show just how significant that risk can be. According to the National Highway Traffic Safety Administration, 77% of pedestrian fatalities nationwide occur in the dark.

The risk increases as October brings earlier sunsets and the end of daylight saving time.

How a Driver’s Duty of Care Changes After Dark

Drivers have a duty of care, which means they must exercise reasonable caution to avoid harming others on the road.

When visibility is limited, drivers may need to slow down, watch crosswalks carefully, and allow more time to react to pedestrians.

Examples of conduct that could point to negligence include:

• Driving too fast for visibility or road conditions
• Looking at a phone or becoming distracted
• Failing to yield to a pedestrian who has the right of way
• Driving while impaired

A driver does not avoid responsibility simply because it was difficult to see. Fault often depends on whether the driver took reasonable precautions for the conditions.

Who Has the Right of Way in Marked and Unmarked Crosswalks?

Not all crosswalks have painted lines. Some intersections also have unmarked crosswalks.

In both marked and unmarked crosswalks, pedestrians may have the right of way depending on the traffic signals, their position in the roadway, and state law. Drivers are expected to watch for people crossing and yield when required, including in conditions that make pedestrians harder to spot.

Pedestrians must obey traffic signals and should not suddenly step into the path of a vehicle that is too close to stop safely.

If either a driver or a pedestrian fails to exercise reasonable care, that conduct can be important in determining fault in a crash.

Do Poor Lighting and Dark Clothing Affect Liability?

A broken or missing streetlight can make pedestrians harder to see and may raise questions about who was responsible for maintaining the lighting. Even so, drivers are still expected to adjust their speed and attention to the conditions they encounter.

Insurance companies may point to dark or non-reflective clothing when arguing that a pedestrian shares responsibility for a collision. But clothing alone does not determine fault. Other circumstances may include the driver’s speed, headlights, and attentiveness, as well as the pedestrian’s location, traffic signals, street lighting, and overall visibility.

If both the driver and pedestrian are found partly responsible, the pedestrian’s compensation may be reduced or, in some cases, barred. How much depends on the comparative fault law of the state where the crash occurred.

Crosswalk Accident Liability in Iowa

Iowa uses a modified comparative fault system. Under Iowa Code § 668.3, an injured person who is 51% or more at fault cannot recover damages. If the person is 50% or less at fault, compensation is reduced according to their percentage of responsibility.

For example, if a pedestrian is found 20% responsible for a crash, the pedestrian’s recoverable damages would be reduced by 20%.

Iowa gives injured people two years to file a personal injury lawsuit.

In the Des Moines area, pedestrian crashes can occur along busy roads throughout Polk County, including Grand Avenue. Seriously injured pedestrians may receive treatment at hospitals such as MercyOne or UnityPoint Health Iowa Methodist.

Crosswalk Accident Liability in Nebraska

Nebraska also uses modified comparative negligence, but its cutoff is different. Under Neb. Rev. Stat. § 25-21,185.09, an injured person cannot recover damages when their negligence is equal to or greater than the combined negligence of everyone else involved. If their share of fault is lower, their damages are reduced proportionally.

Nebraska allows four years to bring a personal injury lawsuit.

In the Omaha area, crashes may occur on busy roads throughout Douglas County, including West Dodge Road and 72nd Street. Injured pedestrians may receive treatment at Nebraska Medicine or CHI Health Bergan Mercy.

The key difference is that a person who is 50% at fault may still recover damages in Iowa, but not in Nebraska.

What to Do If a Driver Hits You in a Crosswalk at Night

Evidence can disappear quickly after a pedestrian crash. If you are able, consider taking these steps:

• Seek medical care. Some injuries may not be immediately apparent.
• Photograph the scene. Capture streetlights, crosswalk markings, traffic signals, and surrounding conditions.
• Document visibility. Photographs taken around the time of the crash can help show how dark the area actually was.
• Gather witness information. Someone nearby may have seen the pedestrian, the vehicle, or the traffic signal.
• Avoid admitting fault. Do not guess about what you or the driver could have done differently before all the facts are known.

A broken streetlight may be repaired, a nearby business may erase surveillance footage, and photographs taken days later may not accurately show the lighting or sightlines at the time of the crash.

Preserving this evidence early can help establish what happened and who may have been responsible. It is also important to act before the applicable filing deadline expires.

Contact MSMC Injury Lawyers After a Nighttime Crosswalk Crash

A serious pedestrian accident can leave you facing medical treatment, time away from work, and questions about how you will cover the costs. At the same time, an insurance company may already be investigating what happened and who was at fault.

MSMC Injury Lawyers brings more than 56 years of combined experience to injury claims, and we travel to meet clients throughout Iowa and Nebraska.

You don’t pay us anything unless we recover money for you.

If you’ve been injured by a careless driver, contact us to schedule a free case review.