Illinois Nighttime Car Accident Lawyers

Top-Rated Attorneys For Victims of Crashes at Night

Nighttime driving is significantly more hazardous than daytime. According to the National Safety Council, traffic deaths are three times higher at night than during the day. Gitnux’s 2025 report notes that nighttime driving accounts for about 50 % of traffic fatalities, despite making up just 25–30 % of vehicle miles traveled. Notably, the risk of fatal crashes is four times higher per mile driven at night compared to daytime.

At John J. Malm & Associates, we understand the devastating impact that car accidents can have, especially those that occur at night. Our team has represented clients throughout Illinois who were seriously injured or lost a loved one in a nighttime crash caused by another driver’s negligence. Night driving presents unique dangers, from limited visibility to increased rates of impaired and fatigued driving.

The Hidden Dangers of Driving at Night

Driving at night is inherently riskier than driving during the day. Although only about 25–30% of vehicle miles are driven after dark, nearly 50% of all traffic fatalities in the United States occur at night. These risks are not just national—they apply right here in Illinois, where nighttime collisions make up a disproportionate share of fatal crashes.

Visibility is significantly reduced after dark. Headlights only provide about 250 feet of visibility, which may not be enough to react to obstacles, pedestrians, or hazards—especially at higher speeds. Glare from oncoming headlights, poor street lighting, and adverse weather conditions can make driving at night particularly treacherous.

Statistics on Nighttime Car Crashes in Illinois

Illinois has seen consistent patterns when it comes to nighttime driving dangers. According to the Illinois Department of Transportation (IDOT), of the 1,268 traffic fatalities recorded in 2022, a substantial percentage occurred after sunset. In fact, fatal crashes that took place during dusk, dawn, and nighttime hours collectively exceeded those that happened in daylight.

• IDOT reported that 291 fatal crashes occurred in complete darkness, while another 169 happened on lighted roads at night.
• By contrast, 458 fatal crashes occurred in daylight, showing that more fatal accidents occur in darkness than during the day.
• Between midnight and 3 a.m., more than 70% of individuals killed in nighttime crashes were not wearing seat belts.
• Nearly 27% of fatal crashes in Illinois involved alcohol, and most of these occurred at night.

These figures are more than just statistics—they represent real lives lost and families devastated by avoidable nighttime crashes.

Why Nighttime Driving Is Riskier

1. Reduced Visibility

Darkness inherently reduces visual clarity. High‑beam headlights help but can blind oncoming drivers, and low beams may not offer sufficient illumination. Statistics show that visibility at night is approximately 100–200 feet, significantly less than during daylight.

2. Driver Fatigue

Night driving largely coincides with circadian low points (midnight to 6 a.m.), increasing drowsiness. The CDC and NHTSA estimate that drowsy driving causes around 100,000 crashes annually, leading to over 6,500 deaths.

3. Impaired Driving

Alcohol and drug impairment are more frequent on weekend nights. Studies show that approximately 76 % of nighttime traffic fatalities involve alcohol.

4. Speeding and Risky Behavior

Reduced traffic and the sense of solitude at night increase speeding and reckless driving. A recent study found that 25% of nighttime crashes involve speeding, significantly raising crash severity.

5. Pedestrian and Wildlife Hazards

Poorly lit roads make it harder to see pedestrians at night. Reports show that pedestrians are nearly three times more likely to be killed at night, and approximately70 % of pedestrian deaths occur after sunset. Rural roads also pose a risk: approximately 20 % of nighttime accidents involve animals, such as deer.

Illinois-Specific Data & Patterns on Nighttime Accidents

Fatal Crashes by Time of Day

IDOT data from 2007–2011 shows that from midnight to 2:59 a.m., there were 555 total occupant fatalities, 73 % of whom were unrestrained; between 3–5:59 a.m., 378 total fatalities with 71 % unrestrained. Overall, only 26–29 % of nighttime fatalities were restrained, compared to 62 % during daytime hours.

Dusk–Dark Crash Rates

 Across Illinois, 291 fatal crashes happened in total darkness, and 169 on lighted roads, compared to 458 during daylight. In other words, fatal crashes during dusk and darkness (490) exceed daylight fatalities (458).

Legal and Insurance Considerations of Car Crashes at Night

If you’ve been injured in a nighttime crash in Illinois, you may be able to file a personal injury claim against the at-fault driver. Illinois follows a modified comparative negligence rule, meaning you can recover damages as long as you are less than 50% at fault. Your damages may be reduced in proportion to your share of fault, which can be a factor in crashes where visibility or signaling is contested.

Insurance companies often try to reduce payouts by blaming the victim or arguing that poor lighting or weather conditions contributed to the crash. Having an experienced Illinois car accident lawyer on your side is critical to building a strong case.

Statute of Limitations: In Illinois, the deadline to file a personal injury or wrongful death claim is generally two years from the date of the accident. It’s important to act quickly so that evidence—such as traffic camera footage, witness testimony, and vehicle data—is preserved.

Common Injuries from Nighttime Car Accidents

Nighttime crashes often occur at higher speeds or involve head-on collisions and pedestrian impacts. These conditions can lead to severe injuries, including:

• Traumatic brain injuries (TBIs)
• Spinal cord injuries and paralysis
• Broken bones and fractures
• Internal organ damage
• Facial trauma and disfigurement
• Wrongful death

Injuries sustained at night are frequently more serious, and delayed emergency response times can compound the harm.

Safety Tips for Nighttime Drivers

Preventing nighttime crashes begins with preparation and caution:

• Use high beams when safe, but dim them for oncoming vehicles.
• Clean your headlights and windshield to improve visibility.
• Avoid driving if fatigued or impaired.
• Observe the speed limit, especially on unfamiliar roads.
• Stay off rural roads at night if possible—they pose a higher risk of wildlife collisions and lack lighting.

Frequently Asked Questions (FAQs) about Nighttime Driving Accidents

Can I sue the other driver if they were drunk and caused the crash at night?

Yes. If a driver was impaired by alcohol or drugs and caused the accident, you may have a strong case for damages. In some cases, punitive damages may be awarded due to the reckless nature of impaired driving.

Do I need a lawyer if the crash happened at night?

Yes. Nighttime crashes often involve complex questions about visibility, lighting, signage, and fault. A Naperville car accident lawyer can help preserve critical evidence and protect your rights, especially when dealing with insurance companies that may try to minimize your claim.

What evidence is important in a nighttime crash case?

Key evidence includes police reports, crash scene photos, surveillance footage, dash cam recordings, black box data from vehicles, witness statements, and expert reconstruction reports.

Is the trucking company liable if I was hit by a semi-truck at night?

Potentially. If the truck driver was working at the time of the crash, the company may be held liable under a theory of vicarious liability. You may also be able to sue for negligent hiring or maintenance.

How John J. Malm & Associates Can Help With Your Nighttime Crash

If you or a loved one has been injured in a nighttime car accident in Illinois, you don’t have to face the legal process alone. At John J. Malm & Associates, we have the experience, resources, and dedication to pursue justice on your behalf. Our top-rated Illinois car crash attorneys conduct thorough investigations, consult with accident reconstruction experts, and fight aggressively to ensure our clients receive the compensation they deserve for medical bills, lost income, pain and suffering, and more.

We have handled complex accident claims throughout Naperville, Geneva, DuPage County, Kane County, Cook County, and beyond. Whether your case involves a drunk driver, a drowsy trucker, or a crash on a poorly lit road, we’re ready to help.

Contact the Award-Winning Illinois Car Accident Lawyers at John J. Malm & Associates

Nighttime car accidents often leave victims with life-altering injuries and unanswered questions. If you were hurt or lost a loved one in a crash that occurred after dark, you may be entitled to financial compensation. Let us help you understand your rights and take the next steps.

Contact John J. Malm & Associates today for a free consultation. We don’t get paid unless we win your case.