"One of the area's most respected and sought-after legal minds"
and "One of Washington's best - most honest
and effective - lawyers who sue."
Nighttime driving poses unique risks and hazards to drivers throughout Washington, D.C. and surrounding areas. The serious nature of these collisions often leads to devastating harm and even death. Injured individuals have the right to file a personal injury claim against the driver responsible for causing the collision in which they were harmed. Washington, D.C. car accident attorney Roger Gelb helps these victims pursue compensation. At Gelb & Gelb, clients directly communicate with Attorney Gelb, who handles every case in the firm. As a top Washington, D.C. attorney for accident victims, Mr. Gelb has represented over 10,000 clients throughout Virginia, Maryland, and Washington, D.C., helping multiple clients secure settlements or verdicts in excess of one million dollars. The team at Gelb & Gelb is prepared to assist in your claim for compensation if you have suffered injuries due to the negligence of another.Night Driving Accidents
Nighttime accidents are more common than daytime collisions, partly due to reduced visibility. Roads require proper lighting, and even with headlights it can be challenging for drivers to see other cars or obstacles. Additionally, oftentimes at night fatigue strikes drivers and can affect their ability to react in order to prevent a collision. Intoxication is another challenge posed by nighttime driving, and according to the National Highway Traffic Safety Administration, drunk driving accidents tend to occur more at nighttime and in the early hours of morning than at other times of day.Proving Negligence
Victims injured in night driving accidents are entitled to file a personal injury lawsuit against the parties responsible for causing their harm. In many cases, to secure compensation, injured individuals must successfully demonstrate that the defendant driver was negligent. Negligence is shown by evidence that the victim was owed a duty of care that was breached by the defendant's conduct, and that this breach caused the damages that the victim suffered.
The “duty of care” element of a negligence claim refers to the level of caution and judgment expected of a reasonable person under similar circumstances. Drivers operating vehicles at night are expected to abide by all traffic signals, and to avoid causing foreseeable harm to others. Examples of a breached duty of care may include speeding, reckless driving, or drunk driving.
Causation is another important element of a negligence claim because it establishes that the defense’s actions, or conduct, directly caused the victim’s harm. If an accident would not have occurred but for the defendant’s conduct, this is strong evidence of causation. A driver that speeds through an intersection, ignoring a red light and directly causing a T-bone collision, may be deemed by the judge or jury to have caused the resulting crash.
Once fault has been established following a night driving accident, the victim will need to prove the extent of the damages that resulted from the crash, and a skilled car accident lawyer can help. Damages include losses resulting from the accident such as wages from work missed due to injuries, property damage, and emotional suffering. Injured individuals may be eligible to recover compensation for emergency care, medical procedures and surgeries, ongoing doctor visits, and future medical care. In the event of a fatal nighttime crash, it may be appropriate for family members to pursue a wrongful death claim on behalf of their loved one.Contributory Negligence
Throughout the District of Columbia, the rule of contributory negligence may affect the success of a victim’s claim for compensation. This legal doctrine mandates that when a victim plaintiff has contributed to the underlying accident that led to their harm, their recovery will be denied. Plaintiffs deemed even minimally at-fault for causing a crash will not recover damages. It is advisable to seek legal counsel to help overcome this possible bar to recovery.Consult a Car Accident Attorney in Washington, D.C.
If you have been hurt in a vehicle accident and your injuries are due to another’s negligence, you can enlist skilled Washington, D.C. lawyer Roger Gelb to help. At Gelb & Gelb, we understand that your priority is recovering from the devastating harm caused in a crash. For this reason we fight on behalf of our clients in order to pursue maximum compensation to cover current and future costs associated with a crash. We can assist people throughout VA, MD, and Washington, D.C. To discuss your claim in further detail, please call our office at (202) 331-7227 or complete our online form.