Halloween is an entertaining occasion for both children and adults as they get to dress up, participate in trick-or-treating, and attend Halloween parties. While Halloween can be exciting, the reality is that accidents and injuries do occur on this day. If you or someone close to you was injured in an accident that was not your fault on Halloween, we can help. At the Law Offices of Robert Dixon, our Miami personal injury attorneys have the skill, experience, and determination to handle your case.
While we have heard horror stories about poisoned candy and razor blades hidden in apples, the biggest danger on Halloween is that of car accidents. Data from the National Highway Traffic Safety Administration shows that between 2009 and 2013, 43 percent of all motor vehicle deaths that took place on Halloween night resulted from a drunk driving-related crash. In addition, 26 percent of pedestrian fatalities on Halloween involved a drunk driver in 2013. According to the Safe Kids USA organization, children are more than twice as likely to be killed by a car while walking on Halloween night than at any other time of the year.
Just because it is Halloween does not mean that drivers do not need to follow the rules of the road. Drivers who cause an accident by driving carelessly will likely be liable for any resulting harm under the theory of negligence. Negligence occurs when a person causes injuries or death because he or she failed to act as a reasonably prudent person would act under the same or similar circumstances. For example, a reasonably prudent driver would not speed in residential areas in Halloween, understanding the risk of hitting children who may be trick-or-treating. As a result, a driver who causes an accident in this way would be liable for the resulting harm.