Largo, FL asked in Traffic Tickets and Car Accidents for Florida

Q: I was hit by someone without their headlights on at night, am I at fault?

Hi, I live in Pinellas County Florida. About a week ago I was driving at night and was making a turn on to a street with a yield sign for me. I looked both ways and made the turn. I didn't see someone who was driving without their head lights on and thus they hit me in the rear of my car.

When the cops showed up the guy that hit me said he did have his headlights on and thus lied to the cops about it.

I am wondering who is at fault here.

Thank you

2 Lawyer Answers

Terrence H Thorgaard

  • Freeeport, FL
  • Licensed in Florida

A: Since he hit you from behind, it probably doesn't matter whether he had his headlights on. And whether you saw him or not probably doesn't matter either. What does matter is that, if he had his headlights on he should have seen you and if he didn't that may have contributed to the accident. So it appears that he is at fault in any case. Be sure you report this to your insurance company.

Tim Akpinar

  • Personal Injury Lawyer
  • Little Neck, NY

A: Unfortunately, if someone gives such a statement at the scene of the accident, it isn't easy to disprove even under skilled cross-examination.

Tim Akpinar

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