Nowadays many vehicles have headlights that can be set on automatic settings, which means they come on after dark. However, these settings can be changed. Also, the switch could malfunction.
If you are driving in a town or an area with lights along the streets, you may not realize that you don’t have headlights on. If a driver without headlights has caused an accident, you have suffered a variety of damages. You will want to pursue a personal injury claim against the at-fault driver.
How To Prove You’re Not At Fault For The Accident With No Headlights
If you were involved in a crash caused by a driver not using headlights, you will need to show that the other driver was negligent and didn’t use his or her headlights and that caused the crash. You can then have a successful personal injury claim in which you can recover compensation for the damages you sustained in the accident with no headlights. There are four elements of negligence and all four elements must be proven.
The first element is that you must show that the driver has a duty or responsibility, and that is true. All drivers have the responsibility to drive in a safe manner to protect others from harm. The next element is to show that duty was breached – in this case by not using headlights when they should have been used. The third or last element is to show that the breach of duty caused the accident and then lastly, you must show your damages were a result of the car driving without headlights.
As with any accident, if you have been in an accident with a car that wasn’t using headlights, you will need to have an accident report completed. Call the police, take photos of the damages and of the accident scene, and ask any witnesses to provide written statements.
Evidence To Win Your Personal Injury Claim After An Accident With No Headlights
To show the damages you suffered in the crash caused by no headlights, you will need to maintain thorough documentation and evidence. This means in addition to the accident report and photos, you will need to gather several other things, including:
- Repair estimates
- Tow bills
- Rental car receipts
- Medical bills
- Proof of missed work and lost wages
- Witness statements
The accident may have been caught on a dash camera, a traffic camera, or a nearby surveillance camera. Any of those can help support your claim and show that you suffered damages because of the other driver failing to use headlights.
How A Lawyer Can Help You Win Your Personal Injury Claim After An Accident With No Headlights
If you were involved in a crash because of another driver failing to use his or her headlights, you should enlist the help of an accident injury lawyer who is licensed in your state. You will not pay anything upfront, so schedule your free case evaluation today!
Additional Resources
- I Can’t Pay My Bills After a No Headlights Accident - What Should I Do?
- Average Claim Settlement With a Driver With No Headlights On
*The content of this article serves only to provide information and should not be construed as legal advice. If you file a claim against Kroger or any other party, you may not be entitled to any compensation.
