Appropriate lighting is vital in maintaining road safety, particularly on high-speed freeways where visibility is critical in avoiding accidents. Inadequate or poor lighting may hinder drivers from perceiving road hazards, other cars, pedestrians, and road condition changes. When freeway lighting is inadequate, the risk of accidents is heightened, resulting in severe injuries and deaths.
This article discusses how poor lighting plays a part in freeway accidents, the legal liability of government agencies and property owners, and what can be done by victims who are hurt as a result of poor roadway lighting.
How Bad Lighting Increases Freeway Accident Risks
Freeway collisions due to poor lighting may result from a variety of factors. When light conditions are poor, drivers will be unable to respond promptly to barriers or accurately gauge distances. Following are some manners in which bad lighting heightens the risks of accidents:
1. Lower Visibility at High Speeds
Freeways have greater speed limits than other roads, and drivers need to be able to see clearly ahead. Dim lighting reduces visibility of cars, lane lines, and hazards, making it more likely for rear-end crashes, side-swipes, and multi-vehicle pileups to occur.
2. Elevated Pedestrian and Animal Impact Risk
Dark freeway stretches render it difficult to spot pedestrians who might be on or alongside the road, including stranded motorists who have abandoned their cars. Furthermore, wildlife crossing the freeway during nighttime becomes all but invisible under inadequate lighting, resulting in disastrous crashes.
3. Difficulty Navigating Curves and Exits
Many freeway accidents occur near curves, ramps, and exit lanes. Poorly lit areas make it difficult for drivers to anticipate turns, leading to sudden braking, loss of control, or missed exits that force drivers to make dangerous last-minute maneuvers.
3. Difficulty Navigating Curves and Exits
Many freeway accidents occur near curves, ramps, and exit lanes. Poorly lit areas make it difficult for drivers to anticipate turns, leading to sudden braking, loss of control, or missed exits that force drivers to make dangerous last-minute maneuvers.
4. Failure to Identify Road Hazards
Debris, stranded cars, potholes, and construction areas become almost invisible when freeway lighting is poor. Drivers can’t react in time, causing accidents that might have been prevented with good lighting.
5. Higher Possibilities of Drunk and Sleepy Driving Accidents
Dark roads provide a more difficult setting for motorists who are already compromised by alcohol or drowsiness. An intoxicated driver or one falling asleep is slower to react, and inadequate lighting adds to the risk of drifting into another lane or running into another vehicle.
Who is Responsible for Freeway Lighting?
Various government agencies and entities are responsible for maintaining adequate lighting on freeways. In many cases, liability for accidents caused by poor lighting may fall on:
- State and Local Governments: Departments of transportation must ensure that freeway lighting is installed and maintained properly.
- City and County Officials: Local governments may be responsible for specific highway sections, ramps, and intersections that fall under their jurisdiction.
- Construction and Maintenance Contractors: If a third-party contractor was hired to install or repair lighting and failed to do so properly, they could be held liable for resulting accidents.
- Private Property Owners: If a poorly lit freeway exit or entrance is adjacent to a privately owned property, the property owner might be responsible for inadequate lighting contributing to an accident.
Legal Claims for Freeway Accidents Caused by Bad Lighting
If you were hurt in a freeway accident caused by inadequate lighting, you might have a basis for filing a legal action against the parties liable. But establishing liability in such cases can be difficult since it must be shown that the lack of proper lighting was the direct cause of the accident and that a particular party was negligent in ensuring the road was safe. It is important to know your legal rights and remedies in pursuing compensation for your injuries and damages.
1. Determining Liability for Poor Freeway Lighting
Several entities may be responsible for ensuring proper lighting on freeways, including:
- State and Local Governments: Freeways are typically maintained by government agencies, such as the state’s Department of Transportation or local city and county authorities. If the agency responsible for freeway maintenance failed to install, repair, or replace necessary lighting, they could be held liable for accidents caused by poor visibility.
- Construction and Maintenance Contractors: Many government agencies hire third-party contractors to install or maintain roadway lighting. If a contractor negligently installed faulty lights or failed to perform regular inspections and repairs, they could be held accountable.
- Utility Companies: In some cases, a utility company may be responsible for maintaining the power supply to freeway lighting systems. If a power failure or electrical issue caused the lights to go out and the utility company failed to fix it in a timely manner, they might share liability.
- Private Property Owners: If an accident occurs near an area where a private property owner is responsible for lighting, such as a parking lot entrance or commercial development adjacent to the freeway, they could also be liable if inadequate lighting contributed to the crash.
2. Elements of a Legal Claim for Poor Lighting
To successfully file a claim against a responsible party, you must prove the following elements of negligence:
- Duty of Care: The responsible entity had a legal obligation to maintain safe roadway conditions, including proper lighting.
- Breach of Duty: The entity failed to fulfill this obligation by allowing lighting to remain inadequate or failing to repair faulty lighting.
- Causation: The poor lighting directly contributed to your accident, making it difficult to see hazards, other vehicles, or road signs.
- Damages: You suffered injuries, financial losses, or other damages as a result of the accident.
3. Types of Compensation Available in a Claim
Victims of accidents caused by poor freeway lighting may be entitled to seek compensation for various damages, including:
- Medical Expenses: Coverage for hospital bills, doctor visits, surgeries, rehabilitation, and any ongoing medical care required due to the accident.
- Lost Wages: Compensation for time missed from work due to injuries, including future lost earning capacity if the injuries prevent returning to work.
- Pain and Suffering: Compensation for physical pain, emotional distress, and diminished quality of life caused by the accident.
- Vehicle Repair or Replacement Costs: Reimbursement for damages to your vehicle or property caused by the crash.
- Wrongful Death Damages: If a loved one was killed in an accident due to poor lighting, surviving family members may pursue compensation for funeral expenses, loss of companionship, and lost future earnings.
4. Challenges in Proving a Bad Lighting Claim
Legal claims related to poor freeway lighting can be complex, as government agencies and other responsible parties often attempt to shift blame or deny liability. Some challenges you may face include:
- Sovereign Immunity: Government entities often have legal protections that limit their liability. However, many states, including California, allow claims against government agencies under specific conditions, such as proving gross negligence.
- Disproving Driver Error: Insurance companies may argue that the accident was caused by driver negligence rather than poor lighting. Evidence such as accident reports, witness statements, and expert testimony can help refute this.
- Lack of Immediate Evidence: If lighting conditions were not documented immediately after the accident, proving inadequate visibility may be difficult. Obtaining traffic camera footage or expert accident reconstruction reports can be beneficial.
5. How to Strengthen Your Case
If you believe poor freeway lighting played a role in your accident, take the following steps to strengthen your legal claim:
- Take Photos and Videos: Capture images of the accident scene, including poorly lit areas, broken lights, and road conditions.
- File a Police Report: Ensure that the police report notes the inadequate lighting as a contributing factor.
- Obtain Witness Statements: Collect contact information from witnesses who can confirm that poor lighting made driving conditions dangerous.
- Seek Medical Attention: Documenting your injuries immediately after the accident can help establish a direct link between the crash and the inadequate lighting.
- Consult an Attorney: A personal injury lawyer can help gather evidence, negotiate with insurance companies, and determine the best legal strategy for your case.
5. How to Strengthen Your Case
If you believe poor freeway lighting played a role in your accident, take the following steps to strengthen your legal claim:
- Take Photos and Videos: Capture images of the accident scene, including poorly lit areas, broken lights, and road conditions.
- File a Police Report: Ensure that the police report notes the inadequate lighting as a contributing factor.
- Obtain Witness Statements: Collect contact information from witnesses who can confirm that poor lighting made driving conditions dangerous.
- Seek Medical Attention: Documenting your injuries immediately after the accident can help establish a direct link between the crash and the inadequate lighting.
- Consult an Attorney: A personal injury lawyer can help gather evidence, negotiate with insurance companies, and determine the best legal strategy for your case.
6. Filing a Claim Against a Government Entity
If your claim is against a city, state, or federal agency responsible for freeway maintenance, special procedures must be followed:
- Notice of Claim: Many states require claimants to file a formal notice with the government agency before filing a lawsuit. In California, for example, claims against public entities must generally be filed within six months of the accident.
- Administrative Review: The government agency may conduct an internal review and decide whether to settle the claim or deny it.
- Filing a Lawsuit: If the claim is denied or not resolved, you may have the right to file a lawsuit in civil court.
Due to strict deadlines and procedural requirements, consulting a lawyer experienced in government liability cases is highly recommended.
7. When to Contact a Lawyer
If you or a loved one has been injured in a freeway accident due to poor lighting, seeking legal representation as soon as possible can help you navigate the complexities of filing a claim. A personal injury attorney can:
- Investigate the accident and gather critical evidence.
- Identify the responsible party and establish negligence.
- Handle negotiations with insurance companies or government entities.
- Ensure all filing deadlines are met to avoid losing your right to compensation.
Preventing Accidents in Poorly Lit Freeway Areas
While drivers cannot control freeway lighting, they can take extra precautions to stay safe in poorly lit areas:
- Use High Beams When Safe: High beams improve visibility, but they should only be used when there is no oncoming traffic.
- Reduce Speed in Dark Areas: Slowing down gives you more time to react to unexpected hazards.
- Stay in the Right Lane: If a freeway section is poorly lit, staying in the right lane can provide a better reaction time for unexpected stops or hazards.
- Increase Following Distance: Giving yourself extra space between vehicles helps avoid sudden collisions.
- Report Poor Lighting: If you notice a freeway section with dangerously low visibility, report it to your local transportation department.
Legal References:
- Espejo v. The Copley Press, Inc. (2017) 13 Cal.App.5th 329. See also ABC Test, California Department of Labor.
- California Labor Code 2775 LAB. See also California Civil Jury Instructions (CACI) No. 2705. See also, for example, Bowen v. Burns & McDonnell Engineering Co., Inc. (Cal.App. 2024) .
- California Labor Code 2775 LAB.
- California Labor Code 2775(b)(1)(A) LAB.
- Dynamex Operations West, Inc. v. Superior Court of Los Angeles County (2018) 4 Cal.5th 903, 958. See also Vazquez v. Jan-Pro Franchising Internat. (2021) 10 Cal. 5th 944.
- Dynamex, supra note 5, citing Western Ports v. Employment Security Department (2002) 41 P.3d 510.
- Dynamex, supra note 5, citing Fleece on Earth v. Department of Employment & Training (2007) 181 Vt. 458.
- Dynamex, supra note 5, citing Great Northern Construction, Inc. v. Dept. of Labor (2016) 161 A.3d 1207.
- Dynamex, supra note 5, at 959-961.
- Dynamex, supra note 5, citing Dole v. Snell (10th Cir. 1989) 875 F.2d 802.
- Dynamex, supra note 5, at 959.
- Alamo Foundation v. Secretary of Labor (1985) 471 U.S. 290.
- Dynamex, supra note 5, at 961-3.
- Dynamex, supra note 5, at 962. Going into business for oneself often involves taking the following steps: incorporating as a business, advertising, obtaining any necessary business licenses, and making offers to provide business services to the public.
- Dynamex, supra note 5, citing Brothers Construction Co. v. Virginia Employment Commission (1998) 494 S.E.2d 478.
- Dynamex, supra note 5, citing Southwest Appraisal Group, LLC v. Administrator, Unemployment Comp. Act (2017) 155 A.3d 738.
- California Labor Code 2780 LAB. Examples include recording artists or their managers, songwriters, lyricists, composers, or proofers, record producers and directors, musical engineers and mixers, musicians and musical groups, vocalists, and photographers working in the music industry.
- California Labor Code 2782 LAB.
- California Labor Code 2783 LAB.
- Same.
- Same. The licensed professionals include lawyers, architects and landscape architects, engineers, accountants, and private investigators.
- Same.
- Same.
- Same.
- California Labor Code 2778 LAB.
- Same.
- Same.
- Same.
- Same.
- Same.
- California Labor Code 2776 LAB.
- California Labor Code 2777 LAB.
- California Labor Code 2778 LAB.
- California Labor Code 2779 LAB.
- California Labor Code 2781 LAB.
- S.G. Borello & Sons, Inc. v. Department of Industrial Relations (1989) 48 Cal.3d 341. Some of those factors of the Borello test are:
- whether the worker is in a distinct occupation or business,
- whether the type of work normally happens under the direction of the employer or by a specialist without supervision,
- how much skill is necessary for the work,
- who supplies the tools and workspace,
- whether or how much the worker invested in their tools or helpers,
- how long the services will be performed,
- whether the worker is compensable based on time spent on the job or upon the job’s completion,
- whether the work is within the purported employer’s regular business,
- whether the parties believe that they are creating an employer-employee relationship, and
- whether the worker can profit or lose from the work based on their managerial skill.
None of these factors are dispositive. - Same.
- Dynamex, supra note 5, at 954.
- Dynamex, supra note 5, at 956, footnote 23. Because the Dynamex decision changed independent contractor misclassification law, it had a huge impact on ridesharing companies like Uber and Lyft that rely on delivery drivers and taxi-like drivers.
- California Labor Code 2785 LAB.
- Daniel Wiessner, 9th Circuit weighs claims that Uber was targeted by Calif. contractor law, Reuters (March 20, 2024).
- California Code of Civil Procedure 338 CCP; California Code of Civil Procedure 337 CCP. While independent contractors do not enjoy these legal and financial benefits, they have more control in how they work. True independent contractors can: choose which days and hours to work, choose and use their own equipment, and take breaks whenever they want. Actual independent contractors only have to satisfy the companies that they contract with in the products and services that they provide. True independent contractors cannot be told how to provide them. They are central to the current gig economy. This is why independent contractor misclassification is a problem in employment law: Employers classify workers as independent contractors but treat them as employees. By doing so, they can control the work that is provided while also avoiding the legal obligations that are owed to employees.
- California Labor Code 226.8 LAB.
About the Author
Neil Bhartia
Neil Bhartia isn’t your typical, stuffy attorney that you see on TV. While some have their sights exclusively on money and treat their clients like a number, Neil takes a personal interest in every single client he has. As an empath, Neil understands that people that seek legal help are typically in an involuntary, and stressful situation, and he goes out of his way to diffuse the stress and educate clients on each every detail of the legal process.
