As Michigan adjusts to the time change, reduced daylight creates additional risks for drivers and pedestrians. But an accident occurring when the sun is below the horizon does not automatically excuse a negligent driver. Whether before sunrise or after sunset, pedestrians may remain visible during twilight.

Under MCL 257.684, Michigan drivers must use headlights from 30 minutes after sunset until 30 minutes before sunrise, and whenever visibility is insufficient to clearly distinguish people and vehicles at 500 feet. Michigan's basic speed law, MCL 257.627, also requires drivers to maintain a reasonable speed and stop within the assured clear distance ahead.

In Estate of Fuller v. Tramel (Mich Ct App, 2015), expert testimony indicated a pedestrian could have been visible from 150–280 feet despite darkness. The court allowed the negligence claim to proceed. In a similar case, our law firm recovered more than $350,000 for clients from an accident occurring when the sun was below the horizon. This demonstrates why actual visibility must be investigated rather than assuming darkness made a collision unavoidable.

Driver attention, headlights, reaction time, and remaining natural light can all be important evidence of negligence. The sun may be below the horizon, but a driver's duty to exercise reasonable care remains. If you or your family member has been injured or killed in a pedestrian or bicycle accident, learn your legal options.

Contact Hanley & Hodek, PLC today to discuss your legal options at 231-486-6556.

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