Who's at fault when Driver A turns left into oncoming traffic at an intersection and collides with Driver B who was driving with his lights off at night?

Answer 1

Good question, but it depends on several factors. Specifically: 1. All states have comparative negligence laws. For some, you can split the fault and both parties pay. For others, if you're more than 51% at-fault, you can't collect for your damages. In others, if you're both 50% at-fault, neither driver can collect from the other party. 2. You'd want to do a scene inspection of the loss location, preferably at the same time of night that the loss occurred. Are the streets well-lit, or completely dark except for vehicle headlights? Are the streets lit by nearby stores or parking lots? 3. On the night of the accident, was it a clear night? Full moon? Again, you'd want to determine if the streets had any light. 4. What was the point-of-impact? If Driver B, who didn't have his lights on, broadsided Driver A's vehicle, there would be definite comparative negligence on Driver B. 5. What kind of car was Driver B operating? A large, white SUV would probably be more visible than a dark blue Miata. 6. Did any cars pass through the intersection prior to Driver B? This could affect liability, as Driver A would naturally expect to see other headlights and could have been "blinded" by recent passing vehicles. All in all, I'd expect most claims adjusters to assess some liability to Driver B, given the circumstances of the loss.