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I was in a motorcycle accident after dark. Is that a defense for the driver who hit me?

No, it is not a defense for the driver who hit you. As a motorcyclist, you have every right to be on the road after dark and other drivers must use reasonable care to avoid hitting you. The legal standards are not dependent on the time of day when the accident occurred.

Instead They Apply to All 24 Hours of the Day Equally

The questions that will be asked and the standard for recovery damages will remain the same regardless of when you were hurt on I-80, I-280, or another Quad Cities road. While the specific facts of the case may be different, you will need to prove that:

  • The driver who hit you owed you a duty of care. Drivers have a duty of care to other motorists on the road with them.
  • The driver who hit you breached that duty of care by failing to act as a reasonable driver would under similar circumstances. Distracted driving, speeding, drunk driving, drowsy driving, and other driving errors may all breach the duty of care.
  • The breach of the duty of care caused your injuries. In other words, your injuries would not have occurred but for the negligent actions of the other driver.
  • You are legally entitled to damages. You have standing to sue and can recover pursuant to Iowa law.


The law makes no mention of the time of day at which the accident occurred.

Want to Know More?

If you’ve been hurt then you need to take action now to protect your possible recovery. Please start an online chat with us today to find out more information and to get your questions answered.

Jason F. Abraham
Managing Partner, Hupy and Abraham