Who Is At Fault After Hitting A Car That Doesn't Have It's Headlights On?
While you are on the road late at night, you might suddenly collide with a vehicle that you didn't even notice. The reason you didn't notice the vehicle was because it did not have its headlights on. Under these circumstances, you might wonder who is at fault. The best way to determine this is to ask an auto accident attorney.
How a Lack of Headlights Affects a Car Accident
All drivers are expected to operate their vehicles in a manner that is considered to be prudent. Having one's headlights off not only makes it harder for the driver to see but also makes the car much less visible and likely played a major role in the accident.
Having the headlights on is not only a good idea but is also the law. Drivers are required to have at least two functioning headlights and taillights. They must be in operation from dusk till dawn. By not following the law, the driver will already be considered negligent.
What To Do After the Accident
You will want to contact the police and also wait for emergency services to arrive. When the police officer arrives, inform him that the driver did not have their headlights on. The police officer might also perform a field sobriety test with the suspicion that the driver might be under the influence of alcohol.
The more negligent the other driver was during the accident, the more you may be able to maximize your compensation because there may be an attempt to hold you partially to blame for the accident through comparative negligence. If you are considered partially to blame, your settlement may be reduced.
Negligence and Causation
For the other driver to be considered at fault for the accident, you will need to prove that their negligence caused the accident and that the driver didn't have their headlights on. You must also prove that the injuries you suffered were a direct result of the accident. Therefore, it is important to speak to an auto accident attorney who knows how to get you the compensation you deserve.
Car accident cases that involve comparative negligence can be very complicated. The other driver's insurance provider will do everything possible to reduce your claim. For this reason, you will need to hire an auto accident attorney who will be able to increase the odds that you will be able to win your case.