What to do if I got in an accident because the other driver did not have on his headlights but I was the one who got ticketed?

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What to do if I got in an accident because the other driver did not have on his headlights but I was the one who got ticketed?

I was exiting a parking lot at night and turning left onto the main road where there are no streetlights. I had a stop sign and made a complete stop, looked both ways twice, and proceeded with my turn. I saw no cars/headlights on either side. I moved a foot before I heard a car honk and felt impact. The first time I saw the other car was when he was stopped a good couple of feet away from my car. The 4 passengers in my car said they never saw him or his headlights. An outside witness went in and reported that he did not have his headlights on. Without headlights on in dark, I had no way of seeing him to know to yield. Could that prove I had no way to know that he was there and allow me to get the ticket dismissed?

Asked on December 1, 2013 under Accident Law, Arizona

Answers:

Anne Brady / Law Office of Anne Brady

Answered 7 years ago | Contributor

It is unlikely you will get the ticket dismissed since you still failed to yield.  Your greater concern should be with liability for the accident.  Arizona is a comparative fault state, so you will both likely be found to be partly at fault.  Do not allow the other driver to get away with putting all the liability on you.  Who gets cited does not determine who is liable in the civil/insurance context.


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