What Makes Halloween A Risky Night To Walk For Pedestrians?

Halloween is a fun and spooky night for kids and families. However, when numerous people are walking from house to house, the risk of pedestrian accidents increases. Furthermore, there may be other risks since the celebrations kick off at night. Here are some reasons why this night can be dangerous:

For many people, Halloween means pumpkin-flavored snacks, costumes, and candies. While it is a festive time for many, it is also a period when pedestrians are more vulnerable to harm. According to research, pedestrian fatalities are 43% higher on Halloween.

To stay safe and enjoy Halloween, both drivers and pedestrians need to follow safety tips. Drivers should slow down and exercise caution, especially in residential areas. Pedestrians, on the other hand, can wear bright or reflective clothing and be mindful of their surroundings.

Following safety tips may reduce the risk of an accident. Despite doing so, pedestrian accidents can still occur. If you get injured during Halloween, our team at the AK Law Firm offers legal support. Contact us at (888) 488-1391 or complete our contact form to discuss what happened and understand your rights.

Why Halloween Is Risky For Pedestrians

Halloween is a night filled with enchantment, thrills, and adventures for many people. Kids excitedly put on their favorite costumes. They go trick-or-treating in the neighborhood and visit haunted houses or attend local events. As more and more people take part in the holiday tradition of trick-or-treating, the streets become livelier, but it also brings risks.

Although it is typically a lighthearted occasion, many accidents can happen on Halloween. Several factors contribute to these incidents during this holiday, and here are some of them:

Higher Volume Of Pedestrians

During Halloween, it’s common to see hordes of kids, teens, and adults walking in the streets in their costumes.

Some neighborhoods are safe for walking, but holiday excitement can change that. Kids often run from house to house, darting across streets without looking. They may be distracted by yard decorations or a friend calling from across the road.

These sudden movements can surprise drivers, especially if kids wear dark costumes that blend into the night. Unpredictable pedestrian movements or a distracted moment can lead to accidents.

If someone else was careless and caused the accident, pedestrian accident lawyers can help victims. They can explain the victim’s legal rights and options.

Distracted/Drunk Drivers

Road safety is important any day, especially during high-spirited occasions like Halloween. While many drivers are careful, some might let their guard down and get distracted behind the wheel. Furthermore, night driving presents challenges.

On Halloween, the risk of accidents can increase, especially when more pedestrians are on the roads:

• Environmental Distractions — Street decorations, other cars, and excited kids pointing out costumes or displays can all distract drivers. These distractions divert a driver’s focus away from the road, increasing the risk of accidents. Some drivers may even try to take pictures or videos of Halloween decorations. Looking away from the road, even for a moment, can cause a distracted-driving crash.
• Attention Diversion While Navigating — Some drivers use phones or GPS to find their way in new neighborhoods. They do this while taking their kids trick-or-treating or going to trunk-or-treat events. Even just checking instructions on your phone while driving can slow down your reaction time.
• Drinking and Driving — It is common to celebrate with alcohol during this time. After all, Halloween is not just for kids. Some people wisely choose not to drive after drinking. Others, however, might have one too many and still decide to drive. Drunk driving accident victims often endure severe consequences. Pedestrians are especially at risk and usually suffer more severe injuries in these crashes.

Dark Costumes And Low Visibility

Halloween wouldn’t feel complete for some without their spooky costumes. While many might choose bright or glowing outfits to stand out, others prefer dark, mysterious costumes that evoke an eerie atmosphere. Think of characters like the Grim Reaper, shrouded in shadow, or Wednesday Addams, with her gothic charm.

Dark-colored costumes bring a heightened risk. People in dark costumes often blend into the shadows, making it harder for drivers to spot them, especially at night.

Other Safety Concerns

Besides safety concerns involving drivers and pedestrians, other, less obvious hazards may lead to accidents during this holiday:

• Halloween Decorations — Some locals use big light shows and inflatables, which can distract drivers and cause accidents. Apart from that, some decorations may cause accidents when warnings or preventive measures are not in place.
• Non-Participating Houses — Even in neighborhoods where most homes are festive and well-prepared, you’ll still come across a few that aren’t taking part. These properties may be poorly lit, have unsecured hazards, or simply not welcome visitors, so proceed with extra caution.
• Dog Bite Incidents — Off-leash dogs may be present, posing a risk of dog bites or incidents that could lead to premises liability issues.
• Drivers Unfamiliar With Neighborhoods — People heading to Halloween parties and planning to enjoy some drinks often opt for ride-sharing services. However, some rideshare drivers who only work on holidays may be less experienced and less familiar with your neighborhood. They might not anticipate road hazards, detour routes, or children being out on the streets, which increases the risk of accidents.
• Kids on E-Bikes — Some families or older teens use e-bikes, motorcycles, or scooters to get around the neighborhood. Kids riding on the back of motorcycles are especially vulnerable to danger if drivers fail to see them in the dark or if their costumes get caught in moving parts.

How To Stay Safe While Enjoying Halloween

More people on the streets can mean a higher risk of accidents. This danger is especially higher for small children who are easily distracted by the evening’s excitement. To be extra cautious during Halloween, here are some safety tips for trick-or-treating pedestrians and drivers:

Safety Tips For Trick-or-Treaters And Families

No matter how much sugar and spooky fun you’re planning to have this Halloween, everyone’s safety must come first. Both trick-or-treaters and the adults accompanying them should consider the following safety tips:

• Wear Costumes That Are Noticeable in Low Light — Being visible is of the utmost importance when dusk falls early in the fall. To help costumes shine in the dark, parents can use reflective tape or stickers to enhance visibility.
• Use Lights for Visibility — Children will be more visible and have more fun if they bring along glow sticks or flashlights. If your child is riding a bike to trick-or-treat, these bicycle safety tips for kids can be a beneficial read.
• Plan Your Route — Plan your route for a smoother trip. Stick to well-lit, busy streets and avoid traffic. If possible, test the route with children before Halloween. Familiarity makes the night of the event go more smoothly.
• Keep Safe Crossing in Mind — Remind kids to cross safely by using the crosswalk and not assuming cars see them. Ensure they see the driver acknowledge their presence before crossing to stay safe.
• Walk in Groups — Being with others can increase safety, especially for trick-or-treating children. Traveling in groups makes them more visible to drivers. To manage group activities, parents can take turns supervising or coordinate with neighbors.

Safety Reminders For Drivers On Halloween

On Halloween, pedestrians and drivers both face unique challenges. A typical nighttime drive can turn dangerous during Halloween. The unique celebrations and nighttime conditions add risks that drivers might not expect. Here are some safety tips:

• Be Extra Cautious About Pedestrians — Drivers should regard every residential area as a potential school zone. It is better to be ready for any unexpected behavior from pedestrians, especially children. Keep an eye out before turning around. When parked, check around your vehicle, especially the sides and rear, to confirm that no pedestrians are nearby. If your car has rear cameras, use them for added visibility.
• Avoid All Types of Distractions — Staying safe means avoiding distractions. If you have to check your phone, stop in a safe place first. If you don’t know the route, check the map before you go. Familiarize yourself with the streets where you need to turn. If you see some decorations or cute costumes, consider pulling over before checking them out.
• Consider Sticking to Major Highways — If possible, stay on highways, where there’s likely to be less foot traffic. However, be extra cautious, as unexpected things can happen anywhere. If you need to go through a neighborhood, be especially mindful of pedestrians.
• Do Not Drink & Drive — One of the peak times for drunk driving accidents is Halloween. Drunk driving is risky. Even just one drink can slow a driver’s reaction time. Impairment may vary with their tolerance. Although it’s a time for celebration, it’s wise to plan. You can book a rideshare to skip driving yourself. If you’re with friends, consider designating a sober driver.
• Use Your Headlights Early On — During this time of year, nights come in early. Children in long costumes or masks might trip and fall into the street, and it can be easier to see them with your headlights on.
• Mind Your Speed in Some Neighborhoods — If it is obvious that the neighborhood is a trick-or-treat zone, slow down. It may be safer to drive 10 to 15 miles per hour slower than the posted limit when children are outside.

Community Measures To Improve Safety On Halloween

Property owners and community leaders should also take steps to promote safety during Halloween.

• Do Your Part As a Property Owner — Help make your neighborhood safer by turning on porch and outdoor lights. Good lighting reduces tripping hazards for trick-or-treaters and helps drivers see children more clearly. If you have decorations, consider the safety of pedestrians and trick-or-treaters who may approach your door.
• Plan Community Trick-or-Treat Gatherings — Kids can gather, collect candy, and enjoy Halloween safely at planned events. In a more contained setting, kids can be safer. They don’t have to walk from house to house to see friends or collect treats.
• Partner With Local Authorities — When trick-or-treating is in full swing, neighborhoods can unite to request increased police patrols. A visible police presence can help manage traffic and remind drivers to slow down and stay alert for trick-or-treaters. Their involvement may encourage responsible driving.

What Should I Do If A Pedestrian Accident Happens?

Accidents can still occur despite taking safety measures. If you or a loved one gets hurt in a pedestrian accident, it is vital to act soon to protect your well-being and preserve legal rights:

• Get Medical Help Right Away — It’s important to seek medical care after a pedestrian accident, even if it seems minor. Hidden or internal injuries, such as whiplash, can sometimes be difficult to detect. It is easy to lose track of injuries in the midst of an accident since adrenaline might make you forget about the pain.
• Call 911 for Emergency Assistance — Contact the authorities right away, especially if there are injuries. Local law enforcement will respond and file a report, which can be critical for any future claims. Car accident lawyers recognize the importance of these documents in seeking compensation. They contain unbiased reports from authorities.
• Collect Pieces of Evidence If You Can — Capture photos or videos of the scene, including the vehicle involved and any visible injuries. Be sure to collect contact information from witnesses. Note any nearby surveillance cameras, such as Ring cameras on houses, as they could provide valuable footage. This visual evidence can be crucial in demonstrating what happened.
• Notify Your Insurance Company — Notify your insurer of your injury. This way, you can get benefits while your claim is in progress, should you choose to file one. If your kids are in the accident, contact your insurer to get dependent benefits for medical care.
• Consult a Personal Injury Lawyer — In such incidents, it is normal to think, “I need a personal injury lawyer to help me with my case.” This concern is valid. If someone else caused the accident, and you believe there is negligence, you may be able to pursue a claim. Injury attorneys for pedestrian accidents can help you explore your legal options based on your case details.

You may also be looking for free accident lawyer advice after getting injured. Our team provides free initial consultations for victims. We can review your situation and explain the possible legal options available to you.

Frequently Asked Questions About Pedestrian Accidents During Halloween

It’s normal for injury victims to have questions. Our personal injury attorneys have addressed some of the most common legal questions about these cases. Below, we address Halloween-specific questions, provide key safety tips, and share relevant statistics for the season.

What Makes Halloween The Year’s Riskiest Night To Walk For Pedestrians?

Halloween is one of the riskiest nights for pedestrians due to several key factors:

• Higher Pedestrian Volume — More people are out walking, especially kids trick-or-treating. With some children unsupervised, the risk of accidents increases.
• Nighttime & Low Visibility — Halloween events happen mostly at night. At this time, it becomes difficult for drivers to spot pedestrians, especially those wearing dark clothing. Poor lighting adds to the risk.
• Distracted & Drunk Drivers — More cars are on the road, and drivers may be distracted by decorations. Some drivers coming from Halloween parties might drive while intoxicated.
• Dangerous Decorations — Big, flashy decorations and loose props might distract drivers or create tripping risks for pedestrians.
• Unfamiliar Neighborhoods — Not all neighborhoods are ready for Halloween. Poor lighting or off-leash dogs can add risks to trick-or-treating.

How Can An Attorney Help With My Case?

If you or someone you care about gets hurt in a pedestrian accident on Halloween, working with a personal injury lawyer can help. A lawyer can:

• Help Establish Liability — Halloween night accidents often occur due to various factors. Limited visibility, inattentive driving, and jaywalking all contribute to safety concerns. Personal injury lawyers can thoroughly investigate your case and find out who may be responsible for your injuries. They can collect and analyze pieces of evidence to demonstrate fault.
• Determine Recoverable Damages — Accidents involving pedestrians can result in serious injuries. Victims often suffer broken bones, spinal cord injuries, and soft tissue damage. Some may even need surgery, chiropractic care, physical therapy, or counseling. A personal injury attorney can assess your losses and work with experts to understand how your injuries affected your life.
• Negotiate on Your Behalf — Interactions with insurance companies are often challenging and time-consuming. An injury lawyer can represent your interests throughout negotiations. They can advocate for a fair claims process, aiming to pursue compensation that addresses your losses. In certain cases, a personal injury lawsuit may be necessary.

What Are The Legal Implications Of Accidents On Halloween?

Halloween is a time for fun and celebration, but careless actions on this day can lead to serious legal issues. Depending on the circumstances, different individuals can be liable in some way.

• Pedestrian Accidents — In most cases, drivers are liable in these incidents. In California, drivers must yield to pedestrians in marked and unmarked crosswalks. Outside crosswalks, pedestrians must yield to vehicles.

  Pedestrians are more vulnerable to serious injuries during collisions. In these incidents, drivers may be liable if they failed to exercise reasonable care. Pedestrian accidents often happen when drivers are:

  • Distracted
  • Drunk or impaired
  • Speeding
  • Engaging in reckless driving behavior
• Premises Liability Issues — Pedestrian accidents don’t only happen on the road. During Halloween, it’s normal for trick-or-treaters to go to people’s porches or front yards. Property owners have a legal responsibility to maintain a safe environment for visitors. If they are expecting trick-or-treaters, they must be proactive in addressing potential hazards on their property. If a decoration causes a slip-and-fall accident or falls on a visitor, the property owner might be liable for any injuries.
• Comparative Negligence — Not all accidents have just one person at fault. Sometimes, multiple parties share responsibility. In California, the pure comparative negligence rule applies. Victims may still be able to pursue compensation under this legal theory even if they bear some degree of responsibility.
• Freedom to Walk Act — Pedestrians should use crosswalks, but California’s Freedom to Walk Act allows them to cross the street outside a crosswalk if it’s safe to do so. If a pedestrian is outside a crosswalk during an accident, the authorities will review their share of fault. For example, if the driver was speeding, both the pedestrian and the driver may share liability, depending on the facts.

In pedestrian accidents, victims may be able to file a personal injury claim against the potentially liable party or parties. A personal injury lawyer can evaluate the details of the case and guide victims on their possible legal options. If you are unsure whether you have a valid claim, you can complete our “Do I Have A Case?” form to understand your situation better.

How Long Do I Have To File A Claim?

Under California’s statute of limitations, injured victims typically have two years from the date of the incident to file a lawsuit for damages. If someone is at fault for an accident that led to your injuries, you have two years to take legal action. The court is unlikely to consider claims filed after the deadline has passed.

There are exceptions to this time limit. For example, if the victim is a minor, the two-year deadline doesn’t start until they turn 18. Once they reach adulthood, the time limit begins for them to file a claim. However, their parents or legal guardians can also file a claim on their behalf before the child turns 18.

Meanwhile, victims have six months to file a claim against a government entity (cities, counties, or state agencies). If the government denies or fails to respond to the claim, the victim then has a limited time to file a civil lawsuit in court. Lawyers who focus on personal injury claims can explain this deadline and see if it applies to your case.

Do More Accidents Happen On Halloween?

Accidents are more common during the holidays, and Halloween is no exception.

• Accidents Involving Kids — Safe Kids Worldwide reports that kids are more than twice as likely to be hit by a car on Halloween compared to a normal day.
• Pedestrian Fatalities — According to a study published in JAMA Pediatrics, there are four more pedestrian deaths on Halloween than on similar days one week earlier and later.
• Halloween-Related Incidents — According to the U.S. Consumer Product Safety Commission (CPSC), emergency departments get an average of 3,200 injuries connected to Halloween each year. The agency estimates that:
  • Pumpkin carving injuries accounted for about 55%.
  • Approximately 25% of the incidents were caused by falls.
  • Lacerations, allergic reactions, and other injuries made up 20%.

• Drunk Driving Accidents — The National Highway Traffic Safety Administration (NHTSA) reports that from 6 p.m. on October 31 to 5:59 a.m. on November 1, between 2019 and 2023, there were:
  • About 198 fatalities due to alcohol-related collisions.
  • There were 176 fatalities due to accidents involving drunk drivers with a BAC of 0.08 or higher.
  • Around 54% of the victims are between the ages of 21 and 34.

These statistics indicate that accidents are common on Halloween, and people could avoid many of them by being more cautious.

It can be overwhelming to get involved in these accidents, especially on Halloween. Victims may face medical bills afterward and may want to seek compensation. In such a case, accident lawyers can help them seek compensation for their injuries.

What Can I Do To Make My Child’s Costume Safer For Halloween?

Taking precautions is an effective way to prevent accidents. To help make your child’s Halloween costume safer, consider these tips:

• Consider Bright Colored Costumes — Make your kid more visible in low light. Add reflective or glow-in-the-dark tape to your child’s trick-or-treat bag and costume. Doing this can boost safety and also make the outfit look extra cool.
• Choose Safe Materials — Purchase outfits made from flame-resistant materials. If you’re making the costume yourself, consider using materials like nylon or polyester for a more durable and professional look.
• Mind the Placement of Masks or Costumes — Make sure masks, wigs, or beards don’t cover your child’s eyes or mouth. Keep their face clear so they can see clearly and stay aware of their surroundings while walking. If the masks make it difficult for the kids to breathe, opt for a more practical option, such as face paint.
• Add a Nametag With Contact Information — This is especially important for kids who will be trick-or-treating with friends without adult supervision. If they get lost, having your contact details on them makes it easier for authorities or helpful strangers to reach you quickly.
• Choose Properly Fitting Shoes — Shoes with high heels or those that are too big might increase the risk of falling. The remainder of the outfit should also fit well.
• Use Safe Props — Your child might want to carry props to complete their look. For wands, swords, or other accessories, choose small, flexible, and soft.

If you are wondering, “Who is liable if my child is injured while trick-or-treating?” The answer depends on the circumstances of the accident. In cases involving defective products, victims may have a potential product liability claim. Pedestrian accident lawyers can evaluate the case and identify who may be potentially liable.

How Can I Prevent My Children From Wandering Off While Trick-Or-Treating?

Parents may benefit from the real-time tracking features of smartwatches equipped with GPS. Live location sharing is also available in apps such as Life360 and Find My Friends. Geofenced “safe zones” enable parents to monitor their children’s location and receive alerts when kids leave these designated areas.

If you are still worried, consider joining your child while trick-or-treating. It could also be a great opportunity to have quality time during Halloween.

Pedestrian Halloween Accident? Seek Legal Guidance From A Lawyer

As Halloween approaches, parents, community leaders, and safety advocates must collaborate. Together, they can help keep pedestrians, especially children, safe. Halloween should bring joy, not accidents.

Preventing collisions is a shared responsibility for both drivers and pedestrians. Drivers need to drive responsibly and take precautions. On the other hand, pedestrians should stay alert and aware of their environment. Parents need to teach their kids how to stay visible and safe while trick-or-treating.

If you or your child gets hurt during Halloween, a pedestrian accident attorney can help. They can listen to your story and assess if you can seek compensation for any injury or loss. Lawyers can advocate for your rights and help you understand your possible legal options.

If you are asking, “Do lawyers only get paid if they win?” At our injury law firm, the answer is yes. We work on a contingency fee basis, which means you don’t pay any fees up front. We will only get paid if we obtain compensation on your behalf. Some case costs may still apply regardless of the outcome, and you can ask our pedestrian accident attorneys to clarify them. We will explain our fee structure during your consultation or your onboarding process if you decide to work with us.

To learn more about how we can provide legal assistance, call us at (888) 488-1391. Discuss your case in a free initial consultation.