Auto accidents often occur at night due to reduced visibility. It's even worse when you collide with a driver because she did not have her headlights on. When this occurs, you will want to contact the police immediately since the failure to drive with headlights on is a crime and will affect your case. These facts can also assist an auto accident attorney in representing you.
Driving with No Lights On
Driving with no lights on after dusk is illegal. Normally, if you collide with another motorist, you would be considered at fault. However, when you are not able to see the other driver, there is no way you could avoid colliding with her vehicle.
However, the driver might immediately turn on her lights after the accident and claim that the lights were on all along. Still, reporting this incident to the police will only help you. There may be another witness who also saw the driver with her lights on. Also, the police officer might investigate and discover that the driver didn't have her lights on because she was also inebriated. If she is charged with a DUI, it is even more likely that she will be held responsible for the accident. Drunk driving is much more prevalent at night
If you are in a shared liability state, and it comes down to your word against the driver's, you may be considered partially at fault for the accident. If this occurs, you will only be compensated for a portion of your expenses and your insurance provider may cover the rest depending on your policy. To avoid being found liable and possibly being forced to pay the bill, it's important to work closely with an experienced auto accident attorney who is licensed to practice in your state.
If the car wasn't moving, you may have collided with a car that was pulled over by the side of the road. Make sure to check to make sure there are no occupants inside who might be injured. The driver might have had mechanical trouble and pulled over by the side of the road. When this happens, you may be liable for the accident but your liability will be minimal. In some cases, if the visibility is very poor, the courts may argue that you are not responsible for the accident at all. Regardless, you should speak with an attorney about ways you might limit your liability.