
On my evening walk one day last week, I was surprised to see that the streetlights in our neighbourhood were on before I reached my house. The sky had shifted from light to dusk more rapidly than I anticipated.
It made me pause — and consider a pattern I often see in my legal practice: when the clocks “fall back,” the risk of serious traffic accidents and injuries rises, especially for pedestrians, cyclists, and anyone who shares the road.
The invisible hazard of earlier darkness
In the fall, it is easy to welcome the “extra hour” of sleep we get by turning back the clock. But that extra hour of light in the morning comes at the expense of our evening visibility — when traffic is heavy with people driving home from work, children walking home from school, cyclists finishing a commute, and older folks doing errands.
The darkness sets in faster than any of us expect. Studies across jurisdictions show a measurable uptick in pedestrian/vehicle collisions in the weeks after the time change. Some studies also point to a higher incidence of deaths following the time change, which are due to other causes, such as heart attacks.
From a legal standpoint, the shift in daylight is a significant consideration. In Ontario, drivers must anticipate changing conditions — including reduced visibility — and adjust their behaviour accordingly. That means slower speeds where appropriate, full attention, properly functioning headlights, clearing of frost or fog from windows, and being especially vigilant in residential zones or near schools.
When a driver’s failure to adapt to the earlier onset of darkness results in an injury, that failure can become a key element in a negligence claim.
What I observe on the ground
As someone who walks regularly, here’s what I’ve spotted recently, just ahead of the official time change:
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A person on a scooter with dark clothing, no reflective gear, on a route with minimal lighting;
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A driver turning left out of a side street, seemingly not noticing a pedestrian’s silhouette until it was almost too late; and
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A pedestrian, with a long dark coat and a dark umbrella, who was surprisingly hard for me to spot.
In my practice as a plaintiff personal injury lawyer, these are more than hypotheticals — they become evidence. For instance, was the pedestrian easily visible? Did the driver have a clear unobstructed view? Were the lights on the vehicle appropriate and the driver’s reaction time reasonable given the lighting? These details matter.
Simple steps to protect yourself — and your claim
If you’re walking, biking, or driving in these dark evenings, here are some practical tips:
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Pedestrians: Walk facing traffic, wear light-coloured or reflective clothing, and carry a small light if possible.
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Drivers: Clear your windshield and windows, switch to your low beams in adequate time, reduce speed in poorly lit areas, and avoid distractions (especially your phone).
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And if you are involved in a collision: As soon as you can, sit down and note what the lighting was like, whether visibility may have been compromised, and retain any witness information or photos. These factors often become critical in assessing liability and injury claims.
Why this matters in your claim
If you’ve been injured when visibility was poor, the outcome of your claim may hinge on fault. For example, did the driver fail to meet the standard of care by not adjusting for the earlier arrival of dusk? Did you, as a pedestrian or cyclist, take the precautions that are expected under the law (wearing visible clothing, choosing a well-lit route)
These factors contribute to how fault is allocated, how damages might be calculated, and how insurance companies respond.
If you or someone you care about has been injured in a collision where lighting, visibility, or timing may have played a role, please don’t leave things to chance.
It’s critical to speak with an experienced personal injury lawyer who understands how to establish not just what happened — but why it happened — and how to protect your rights as the evening light fades.
