If the other driver is operating a vehicle with the high beams on and fails to dim them, he or she could be liable or partially liable for the damages that result. You might be able to recover damages through a personal injury claim.
When you prove negligence, you can have a successful basis for a personal injury claim. There are four elements of negligence. The first element is easy to prove. A driver must adhere to traffic laws and act safely to keep others from harm when on the roadways. The second element is showing that duty was breached. In this case, it was breached by the driver failing to adhere to traffic laws and dim his or her headlights. Third, you must show that those bright lights caused or contributed to the crash.
As an example, they blinded you and caused you to strike the oncoming vehicle or they were blinding you from behind and caused you to crash. Then last, you must show that your damages were the result of the crash caused by the accident that resulted from the breach of duty.
Proving the Headlights Were On Bright
You might have difficulty proving that the driver had his or her headlights on bright. You might be able to prove this if the headlights are still on bright when officers arrive, if the driver admits to the fact, if a dash camera is operating and recorded the crash, or if you have corroborating witnesses.
Make sure you tell the police that the lights were on bright and not dimmed. Also, make sure the police are aware of any witnesses and that those witnesses give statements and contact details to the officer for inclusion in the accident report.
You will need to maintain documentation of all your damages, including an estimate for repairing the damages to your vehicle. Also, keep any medical records and medical bills as well as proof of missed work and lost wages.
The investigation
The accident will be investigated by the responding officer who completes the report. Also, the insurance company adjuster will investigate the accident to determine liability. Your personal injury attorney will look deeper into the matter to make sure all details are covered, and nothing is left out. After all, your lawyer wants to make sure you are treated fairly. Making sure every piece of evidence is kept and all documents are gathered is key to a successful personal injury claim.
Consult With a Personal Injury Attorney
If you have been injured in an accident where the other driver never dimmed his or her lights, you should consult with a personal injury attorney. Complete the Free Case Evaluation Form on this page, so your details can be shared with an accident injury lawyer.
There is nothing to lose because accident injury attorneys work on a contingency basis. Remember, a statute of limitations applies, so get your claim underway today! Make sure your case is reviewed as soon as possible.
