While a driver has to have the right coordination of visual skills, such are pushed to their limit at night, rainy or during snowy seasons. That way, it becomes easy to cause an accident. The law requires that every driver should have headlamps to project light to where they are driving. This improves not only driver visibility but also the safety of other drivers on the road.
If you have been hit by a car whose headlights were off, you may be wondering how to go about your case, who will pay for your car damages or injuries suffered and how the law will be applied in your case. You can be compensated where such actions happens due to negligence.
Accidents Caused By Failure To Put On Headlights
Indisputably, car accidents that happen where visibility is an issue lead to more severe injuries compared to other driving. It’s extremely dangerous for drivers to operate their car at night or during the snow or rainy season without clear visibility. Those who drive without inadequate lighting may be doing so out of negligence. And as such, they have to pay for damages or injuries they cause. If the faulty driver’s headlights were out and they lead to your car accident, you can get compensated. According to Alaska night driving and lighting regulations, a driver should ensure to:
- Have headlights that are in a working condition.
- Headlights should be turned one- half hour before sunset to one-half hour before sunrise. This is to make sure that drivers can see each other.
- Where there is low visibility, such as during snow time, rainy season, or where there is dust as in construction areas, the headlights must be turned on in low beam.
- Even if the headlights are off, they must be in operation
- When the above regulations are not followed, it’s more likely that one may get involved in an accident and put others in danger. In most cases, such a situation becomes very complicate and can only be argued out by a victim who chooses to find car accident attorney near me. For any driver to avoid liability, they have to ensure they reasonably operate their vehicle. When such doesn’t happen, then one is deemed liable.
Drivers Who Fail To Use Headlights
The at-fault driver insurance company will have to rely on the fact that its insured was not negligent enough to cause a car accident. For negligence to arise in any car accident, it must be proven that:
- The driver was not careful to put on the headlights. It can be proven that they breached the duty of care by failing to do so.
- This lead to your car accident
- You were injured and as a result suffered physical and financial losses.
The law requires that any driver has to use reasonable care while driving. In such a case, even when driving at the required speed without a headlight on a snow day is considered to be negligence.
Filing such a claim will require you to gather evidence. It’s possible to use your dash camera to prove that the other driver never took attention to their headlights. Also, you can use credible witnesses to testify. You may also prove that the driver was under the influence. In any case, having a lawyer would help to ensure the evidence given is enough proof of negligence; the evidence gathered will impact how the lawyer will handle your case.
If you or your loved one were injured by a driver who failed to use the headlights appropriately, you might be eligible for compensation. You only need to have an experienced car accident lawyer who can guide you through the challenging process. Remember that even if the other driver is at fault, you may also be on the hook for failure to observe safety regulations. For instance, the other driver may also argue out you were partly to blame since you never changed your headlights to low beam when you approached him/ her, or you never changed the headlight to dim within the required range to that driver who may be going on the same direction as yours.
In such a case, the insurance company works tirelessly to show how you were also involved in the accident. In such cases, the fault is always determined by the uniqueness of each case. That’s why it’s advisable to have a free consultation to understand how the law may be applied in your given case. However, when such arguments arise and it’s proven you were also to blame, the comparative negligence rule will be used. You will receive compensation for the percentage of your fault.
Where it’s unclear or impossible to see headlights, a car accident is likely to occur, leading to nasty injuries or even death. Headlights are vital, and when a driver fails to use them and causes an accident, this automatically leads to a fault. If you want to know more about your legal options, you can get a free case evaluation from an experienced car accident lawyer.