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?

UPDATED: Dec 1, 2013

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Dec 1, 2013Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

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


Anne Brady / Law Office of Anne Brady

Answered 9 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption