The leaves are falling, and the stores are once again filled with festive costumes and sugary treats to help families gear up for one of the biggest nights of the year. While this night is all about fantasy and fun, drivers and pedestrians alike still need to utilize caution and obey traffic laws. Drivers need to be extra diligent on Halloween, as not only is pedestrian traffic significantly higher than usual, but also pedestrians wearing costumes can be even more challenging to see. A study published in JAMA Pediatrics in January of 2019 revealed that compared to any other random night in the fall, approximately 43 percent more pedestrians are killed in traffic accidents on Halloween. If you or someone you love is involved in a collision on Halloween or any other day of the year, a skilled Fargo pedestrian collision attorney can assist you in seeking the compensation you deserve.
Liability for Halloween Pedestrian Crashes in Fargo
Even if a driver is cleared of any criminal wrong-doing in a pedestrian collision, they could still have civil liability. Families who wish to pursue a civil case after a pedestrian crash will want to meet with a compassionate Fargo pedestrian crash lawyer to determine if a valid legal case might exist.
Under civil laws, drivers are negligent if they do not act in a manner that a reasonably prudent person in their position would have acted. For example, a reasonably prudent person would stop at a crosswalk when pedestrians are present or would not get behind the wheel after drinking. If the plaintiff’s attorney can prove that the defendant acted negligently, they may be found liable for the plaintiff’s damages.
Tips for Halloween Traffic Safety
Drivers and pedestrians alike should be extra cautious to keep their spooky holiday fun and safe. Excited kids, reduced vision from masks, dark-colored costumes, pedestrians out at dusk, and even alcohol use by pedestrians make this day of the year potentially deadly. Children, parents, drivers, and pedestrians should all remember these tips to keep their celebrations safe:
- Avoid driving after any amount of drinking
- Limit alcohol use if you will be walking outside
- Avoid dark-colored costumes or add reflective accents or even lights to costumes
- Consider attending Halloween parties or events instead of trick or treating door to door
- Adhere to all traffic laws and drive even slower and more cautiously when pedestrians are or could be present
- Be prepared for excited young children darting out into the roads
- Talk to your children about safety as a pedestrian
- Pedestrians should utilize sidewalks and crosswalks
Unfortunately, even if you are extremely careful and ensure that your kids are as well, drivers may not be.
Call a Pedestrian Crash Lawyer in Fargo for Help
Whether you or your child were injured in a pedestrian accident on Halloween or any other day the year, you need the legal support of an attorney who has successfully helped clients in your shoes. Contact one of our experienced personal injury attorneys, Tim O’Keeffe, Tatum O’Brien, or Sara Monson by email, or call O’Keeffe O’Brien Lyson Attorneys at 701-235-8000 or toll-free at 877-235-8002 to schedule your consultation.
