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Started By
Message
Accident with a car with no headlights - whose at fault?
Posted on 2/20/17 at 7:33 pm
Posted on 2/20/17 at 7:33 pm
I got in an accident Saturday on the Service/Frontage Road that parallels I-49. I was taking a left turn from a side road onto the Service/Frontage road. It's a T-intersection with me having a stop sign and being the bottom of the T and the service road having the right away and being the line across the top. It was about 9:30pm and dark, and the majority of illumination in the area is pretty much from car lights on the interstate as there are no streetlights on the road.
As I began to take my left I was hit on the front-drivers side of my car, by this old arse 2002 Mitsubishi Montero, who I never saw, because his lights weren't on. I tell the officer who shows up this, the other guy obviously protests, but the officer goes checks his lights and based on the condition of the filaments determines his lights were off and cites him for driving with no headlamps, and for an expired inspection sticker.
Now, my understanding through 30 minutes of googling is that because I was taking a left turn and he had the right away, regardless of the condition of his lights, there is a good chance I will be held at least somewhat liable for the accident. I was also told this by his insurance companies claims-adjuster, who I talked with, although I'm obviously skeptical of anything they would say. I've filed with my insurance as well.
I'm just curious if anyone has any experience with this type of situation, and can shed some light on Louisiana shared liability regulations and what I'm likely looking at here.
As I began to take my left I was hit on the front-drivers side of my car, by this old arse 2002 Mitsubishi Montero, who I never saw, because his lights weren't on. I tell the officer who shows up this, the other guy obviously protests, but the officer goes checks his lights and based on the condition of the filaments determines his lights were off and cites him for driving with no headlamps, and for an expired inspection sticker.
Now, my understanding through 30 minutes of googling is that because I was taking a left turn and he had the right away, regardless of the condition of his lights, there is a good chance I will be held at least somewhat liable for the accident. I was also told this by his insurance companies claims-adjuster, who I talked with, although I'm obviously skeptical of anything they would say. I've filed with my insurance as well.
I'm just curious if anyone has any experience with this type of situation, and can shed some light on Louisiana shared liability regulations and what I'm likely looking at here.
This post was edited on 2/20/17 at 7:51 pm
Posted on 2/20/17 at 7:36 pm to TigerTalker142
ive experienced similar.
as you said, LA is a shared liability state.
so youll initially be responsible for your deductible BUT it will be fully refunded to you
as you said, LA is a shared liability state.
so youll initially be responsible for your deductible BUT it will be fully refunded to you
This post was edited on 2/20/17 at 7:37 pm
Posted on 2/20/17 at 7:38 pm to TigerTalker142
Did the police officer perform a field sobriety test on the driver with no headlights? Just curious.
Posted on 2/20/17 at 7:40 pm to TigerTalker142
"Comparative negligence, or non-absolute contributory negligence outside the United States, is a partial legal defense that reduces the amount of damages that a plaintiff can recover in a negligence-based claim, based upon the degree to which the plaintiff's own negligence contributed to cause the injury."
This is the BS they will try to stick you with.
This is the BS they will try to stick you with.
Posted on 2/20/17 at 7:43 pm to texashorn
quote:
Did the police officer perform a field sobriety test on the driver with no headlights? Just curious.
Nope. He asked both us if we had been drinking/done drugs, but didn't take it any further.
Posted on 2/20/17 at 7:44 pm to TigerTalker142
quote:
but the officer goes checks his lights and based on the condition of the filaments determines his lights were off
Thank goodness this cop paid attention in filament detection school.
Posted on 2/20/17 at 7:44 pm to TigerTalker142
I don't know about your obligations legally, but I will say that you shouldn't depend on other drivers to have their headlights on.
Keep a sharp lookout.
Keep a sharp lookout.
Posted on 2/20/17 at 7:46 pm to TigerTalker142
quote:
can shed some light
I see what you did there.
Posted on 2/20/17 at 7:47 pm to foshizzle
quote:
I don't know about your obligations legally, but I will say that you shouldn't depend on other drivers to have their headlights on.
I certainly agree. Considering the lighting situation of the road I was on and the speed he was travelling though, I'm not sure there was much even the most vigilant person could do.
Posted on 2/20/17 at 7:51 pm to TigerTalker142
My wife has gotten a ticket for no headlights, so its against the law not just leading to liability. I'd assume you are clear, I mean if a drunk driver drives through a redlight they don't tell you you should of seen them.
Posted on 2/20/17 at 7:51 pm to TigerTalker142
quote:
his insurance companies claim-adjuster who I talked with
I am not a lawyer by any means.
BUT be very careful what you tell his 'claims adjuster'. Some of them will twist your words 20 different ways if there is huge liability.
I work around the auto industry in a round about way, and I can tell you that there is a contingent of 'claims adusters' out there that can be very under-handed.
Posted on 2/20/17 at 7:52 pm to foshizzle
quote:
I don't know about your obligations legally, but I will say that you shouldn't depend on other drivers to have their headlights on. Keep a sharp lookout.
Similar situation happened to me Saturday. I almost pulled out in front of a guy with no headlights. I get your point but driving at night with no headlights is dangerous.
Posted on 2/20/17 at 7:55 pm to TigerTalker142
You finna get paid by AC Delco.
Posted on 2/20/17 at 7:58 pm to TigerTalker142
quote:
right away
Right of way
1. the legal right, established by usage or grant, to pass along a specific route through grounds or property belonging to another.
2.the legal right of a pedestrian, vehicle, or ship to proceed with precedence over others in a particular situation or place.
Posted on 2/20/17 at 7:58 pm to TigerTalker142
LA has different laws however I'd contact an attorney
Posted on 2/20/17 at 8:00 pm to TigerTalker142
His company will try to place some liability on you for making the L turn in front of the other guy, even though his lights were off.
FYI
FYI
Posted on 2/20/17 at 8:04 pm to SamuelClemens
quote:
LA has different laws however I'd contact an attorney
Because I honestly don't know, what would an attorney do for me in this situation? Aren't the 2 insurance companies going to arbitrate between themselves to decide fault and what company pays what? Would my attorney take over arbitration for the insurance company? Or just ensure I got full value for my vehicle and no rate increase from my insurance company? Neither of us have claimed medical issues as far as I know.
Edit: My car is likely totaled if that matters.
This post was edited on 2/20/17 at 8:07 pm
Posted on 2/20/17 at 8:05 pm to TigerTalker142
(no message)
This post was edited on 5/4/17 at 2:43 am
Posted on 2/20/17 at 8:09 pm to TigerTalker142
quote:First mistake.
my understanding through 30 minutes of googling i
quote:Second mistake... and a huge one at that!!!!!
I was also told this by his insurance companies claims-adjuster, who I talked with
Call a lawyer, now, today, and don't say another fricking word to anyone without his approval.
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