Smash into an unlit tree. Driver’s fault.
Smash into an unlit parked car. Driver’s fault.
Smash into an unlit pedestrian. Driver’s fault.
Smash into an unlit post. Driver’s fault.
Smash into an unlit traffic cone. Driver’s fault.
Smash into an unlit roadworks . Driver’s fault.
Smash into an unlit cyclist. Cyclist’s fault.
Smash into an unlit tree.....
When was the last time you saw a tree growing on the carriageway? Highly unlikely, unless it was placed there by someone. In which case, the fault is with the person placing the tree in the roadway.
Smash into an unlit parked car.....
Depends on the circumstances, but if you leave a car parked in a dangerous position, lit or not, then you are going to be held at least partially to blame.
Smash into an unlit pedestrian.....
Again, depends on the circumstances, but if someone decides to place themselves in the middle of a dark country road, at night, dressed in dark clothing, then a court might have some sympathy for the driver. Not unreasonably IMHO..
Smash into an unlit post/traffic cone.....
WTF??
Smash into unlit roadworks......
Then the contractor responsible for the roadworks is going to find themselves with some serious questions to answer, re advance warning signs and lights if required.