re: Who's at fault?

In a comparative fault scheme like Louisiana has had since 1980 (or maybe 1825, see Bell v. Jet Wheel Blast), in all likelihood both drivers would be assessed some fault. I tend to think the greater share of fault, maybe even the large majority, would be placed on the driver who apparently (1) pulled out onto a highway with an oncoming vehicle relatively near and (2) did not have the statutorily-required lights on (see La. Rev. Stat. 32:301). But factors that could well affect the fault percentages include how close was the oncoming vehicle when the other pulled out, and how dark it was in the area (well-lit urban or suburban area with bright streetlights versus dark BFE).