Hit by a Car with No Headlights - Tennessee Accident Lawyer - Davis Firm

10 Dec 2020

By Davis Firm, LLC

In Car Accidents

Headlights are a vital tool for seeing the road. At the same time, they help us see oncoming vehicles — except when drivers fail to turn them on.

Turning on your headlights when you are driving can certainly reduce your chances of being in an accident. But what happens if you are hit by someone driving at night without headlights? In Tennessee, you could be entitled to compensation for your medical bills, lost income, and other accident-related losses.

After a crash, you have the right to hold the at-fault driver accountable for his or her negligence. Working with a top Chattanooga car accident lawyer can help improve your chances of receiving maximum compensation. Call or contact Davis Firm, LLC today for a free consultation.

Tennessee Headlight Laws

Tennessee Code § 55-9-401 and § 55-9-406 outline the laws for headlight use in the state. Motorists must have:

  • One working headlight on each side of the car
  • Headlights with quality approved by car manufacturers
  • Lights that do not blind or dazzle other drivers or pedestrians
  • Brightness levels that can detect a person 200 feet ahead of the vehicle
  • Headlights on from 30 minutes before sunset to 30 minutes before sunrise in normal conditions
  • Lights on when visibility is low due to fog, smoke, rain and other forms of precipitation

I Got Hit by a Car That Was Not Using Headlights — Who Is at Fault?

Drivers have a duty to keep other motorists safe from harm. One of the most basic rules of the road is to use your headlights when required. If you got hit by someone driving with the headlights off, he or she could be held liable for any resulting injuries.

You may be surprised to learn that you could still be entitled to compensation even if you were the one who hit the car with no headlights. Much will depend on what you were doing at the time of the accident.

For example, let’s say you rolled through a red light at an intersection and hit a car without headlights on. You never saw it coming, but you share some fault for the accident because you also committed a traffic violation. In Tennessee, you can still receive compensation as long as you are 49 percent or less responsible for a crash.

Your percentage of fault will be determined by an insurance company, judge, or jury. Having a car accident attorney by your side in cases of shared fault is critical to protect your rights. Being assigned an unfair portion of fault could bar your right to compensation completely.

How to Prove Headlights Were Off After an Accident

Proving that a driver’s headlights were off when a wreck occurs can be challenging. The driver might claim the headlights were on but he or she turned them off after the crash. Aside from your own testimony, more proof will be needed to substantiate your claim.

Get the names and contact information for any witnesses to the accident. They will be able to corroborate your account that the driver’s headlights were off. An experienced car accident lawyer can also review video footage that may have captured the vehicle traveling without headlights on. The police report may also indicate the officer’s assessment that the headlights were off at the time of the crash. All of this can be used to support your case.

How Can Davis Firm, LLC Help Me?

Were you hurt by someone driving without headlights in Chattanooga? Let the attorneys at Davis Firm, LLC fight for the compensation you’re owed. For 25 years, our legal team has successfully represented Tennesseans injured in a wide range of accidents throughout the state.

Get experience and dedication on your side. Schedule a free consultation by calling or contacting us now.