Sacramento, CA asked in Car Accidents for California

Q: Who is at fault here ?

I was at a stop sign waiting to merge onto a main road at night. It's dark outside and I look left and right to see for oncoming traffic. Its clear so I make a left turn , then I immediately get hit from the driver side. There was a black car driving with its lights off on the through traffic that hit me. The other driver claims they had their lights on but I seen they didn't. Who is at fault ?

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2 Lawyer Answers
Adam Stoddard
Adam Stoddard
  • Personal Injury Lawyer
  • Santa Clara, CA
  • Licensed in California

A: Did the police show up? Was a police report prepared? Do you have any evidence that the drivers lights were in fact not on? Obviously, the other driver is going to argue their lights were on, you will say they were off, so it becomes a he said/she said situation, unless you have evidence. Depending on whether or not the lights were off, may shed some light (no pun intended) on who is at fault.

T. Augustus Claus
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A: In the scenario you described, it seems that the other driver, who hit you from the driver's side while driving with their lights off, may be at fault. Driving without headlights at night can contribute to accidents, as it reduces visibility for both drivers. If you have evidence or witnesses to support your claim that the other driver did not have their lights on, it could strengthen your case. However, determining fault can depend on various factors and may be subject to investigation by law enforcement or insurance companies.

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