It can happen to anyone; you’re driving home from work and forget to turn on your headlights. The next thing you know, you’re in an accident. You may wonder whether this lapse in judgment will affect your car accident claim. Regretfully, it can.
In this article, we’ll cover how Florida’s laws on headlights and negligence can affect your right to fair compensation. We will also discuss how aFort Lauderdale car accident attorney can help after an accident.
What You Should Know About Florida’s Headlight Laws
Is it illegal to have car lights off while driving? Yes, in Florida, there are laws regulating your use of headlights. UnderFlorida Statute § 316.217, headlights must be on from sunset to sunrise, during rain, fog, smoke, or when visibility is reduced below1,000 feet.
However, your type of violation may differ depending on your actions. For example, failure to use your headlights versus defective headlights in your vehicle. Let’s say you have had your headlights out for several weeks and have received a traffic citation because of this. That traffic citation can be used as evidence that you were aware of the issue before the accident occurred.
How Driving Without Headlights in Florida Can Lead to Accidents
Visibility-related car accidents happen all too often. Driving without headlights in Florida can lead to accidents. In fact, it works both ways: it reduces your ability to see and for others to see you. This deficiency will greatly increase the risk of accidents at night, on rural roads with less lighting, or at intersections where pedestrians may be crossing the road.
When a car accident with no headlights occurs, it can increase your degree of accident liability. While Florida requires every driver to carry a minimum of $10,000 in personal injury protection (PIP) insurance coverage, if you have severe injuries, PIP may not cover all your medical expenses and lost wages. Plus, PIP does not cover any pain and suffering or other losses, and you may not file a lawsuit.
However, you may be able to seek compensation from any liable parties through theserious injury threshold exception. When that is the case, negligence plays a significant role in whether you are eligible to do so.
The Role of Negligence in Florida Car Accident Claims
UnderFlorida Statutes § 768.81, if you are greater than 50% at fault for an accident, then you may be barred from recovering compensation. Negligence can include driving while intoxicated, speeding, failing to yield, or operating your vehicle without headlights on.
If the driver was also at fault, you may still recover compensation. YourFort Lauderdale personal injury lawyer will identify all liable parties and gather evidence for your claim.
If your share of fault is less than 50%, you may still be eligible to recover compensation. However, your award is reduced by your percentage of fault.
Steps to Take After an Accident Involving Headlight Issues
The steps you take after an accident can have a significant impact on your health and legal rights. Be sure you do the following after an accident:
- Seek medical attention as soon as possible
- Report the accident to the police
- Document the accident scene by taking photos of vehicle damage, surrounding debris or skid marks, and your visible injuries
- Get contact information from witnesses
- Avoid admitting fault when talking to the police or insurance adjusters
- Contact a lawyer
Following these steps can preserve your ability to recover compensation.
How a Personal Injury Lawyer Can Help
A personal injury attorney is your advocate during the legal process. In addition to investigating to determine all liable parties, they can also do the following for you:
- Gather available evidence to show your true share of fault
- File all necessary paperwork
- Negotiate with insurance companies on your behalf
- File any needed appeals
- Represent you in court, if necessary
Just because you made a mistake, or your car’s headlights were defective, doesn’t mean you have to bear the costs of the accident on your own.
Contact a Fort Lauderdale Car Accident Lawyer Today
Using your headlights while driving is a vital aspect of driver safety. When it is dusk, night, raining, foggy, or conditions cause limited visibility, always keep your headlights on. If your headlights are defective or damaged, ensure that you replace them as soon as possible.
When an accident happens and your headlights are off, you may still be eligible for compensation for your injuries. Contact the Law Offices of Wolf & Pravato. We’verecovered over $200 million for personal injury victims in Florida.
Our Fort Lauderdale car accident attorneys fight for our clients during every step of the legal process. We work on a contingency fee basis, so there are no upfront costs, and you only pay us if we recover your compensation. Contact us today for a free consultation at (844) 643-7200.