If you have been hit by a driver who didn’t have his or her headlights on, you can pursue a personal injury claim against them. When a driver is operating a vehicle in inclement weather, before dawn, or after dusk, they should be sure to have their headlights on.
If they don’t have their headlights on, and that impedes your ability to see them and a crash results, they were negligent, and they are liable for the damages that the crash caused. You should maintain documentation and gather evidence.
Sending A Demand Letter
Your first step in a personal injury claim after a car accident is to send a demand letter. The demand letter will notify the other party that you plan to pursue a personal injury claim against them for the damages you suffered.
Your demand letter should state the facts, indicating what happened, why it happened, and why you believe the other driver was at fault. You should indicate that the other driver was driving without his or her headlights and provide any evidence that you can to show that the other driver was driving without headlights on.
You will need to itemize your damages and put a value for each damage that you suffered in the crash. At the end of the list, come up with a full amount for your claim. Make the request higher than the minimum for which you will settle because there will be negotiations with the insurance company.
The insurance company will not be willing to pay the amount of your request up front. Here is an example of the damages that you might claim after being hit by a driver with no headlights on:
- Medical expenses – past and future
- Lost wages – past and future
- Pain and suffering
- Property damages
- Loss of enjoyment of life
- Loss of consortium
- Disabilities
- Mental anguish
You will also need to show all four elements of negligence as they pertain to driving without headlights on. Provide supporting documentation to back up your claim, such as copies of witness statements, a copy of the accident report, medical bills, proof of lost wages and missed work, photos of the crash scene and of the damages, damage repair estimates, and any other losses that you suffered because of being hit by a driver with no headlights on.
Consult With A Personal Injury Attorney
If you have been hit by a driver with no headlights on and suffered damages, you should consult with a personal injury attorney who is licensed in your state. With the help of a lawyer, you are much more likely to have a successful accident injury claim.
There is a strict statute of limitations, and evidence and documentation must be gathered to show that the other driver didn’t have their headlights on and that they caused the crash. To make sure you get your claim underway in a timely manner, schedule your free case evaluation today.
