Can I sue for personal injury if my headlights were not on? How? 12 Answers as of May 29, 2015

A car crossing an intersection in a residential street hit my car at night but I had forgotten to turn my headlights on. We exchanged insurance information and I later found out that the other party was taking the case to court because I did not have my headlights on. However the accident was not my fault because the other car had to yield because I had the right of way. I want to represent myself but I do not know what my chances are of winning. I am physically fine but I have some cut and bruises and was very shaken up.

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Gregory M Janks, PC
Gregory M Janks, PC | Gregory M Janks
You may have forfeited the right of way if your vehicle was not visible due to not having your headlights on? If you have vehicle insurance, which is required by MI law, you turn any claims against you over to the insurer - at least if they are civil lawsuit injury claims. If you are talking about a traffic ticket, then you either admit responsibility and pay the ticket, or contest it in person or with counsel that you hire.
Answer Applies to: Michigan
Replied: 5/29/2015
Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
Wisconsin, like half the states. is a 'comparative negligence' state. That means that the finder of fact (judge or jury) must compare the negligence of the parties and allocate the appropriate portion to each party. That means you can only collect if the other side was at least as negligent as you were. And your damages are reduced by your percentage of the negligence. Consult an experienced personal injury lawyer. It's almost always worth it. Good Luck.
Answer Applies to: Wisconsin
Replied: 5/28/2015
Law Offices of Robert Burns
Law Offices of Robert Burns | Robert Burns
Why sue for such minimal losses? Why not present your claim to the insurance carrier(s)? Anyone can sue for anything. You certainly have fault but the other party might have fault, too, thus necessitating an apportionment of fault.
Answer Applies to: California
Replied: 5/28/2015
End, Hierseman & Crain, LLC | J. Michael End
Depending on all of the facts, such as how dark it was at the time, you could well be found to have been more at fault than the other driver. Representing oneself is usually not a very good idea. Did you have automobile liability insurance coverage? If so, your insurer will hire a lawyer to represent your interests and will pay the other driver's damages.
Answer Applies to: Wisconsin
Replied: 5/28/2015
Musilli Brennan Associates PLLC
Musilli Brennan Associates PLLC | John F Brennan
Talk to your insurance company, and have an attorney represent you.
Answer Applies to: Michigan
Replied: 5/27/2015
    Law Ofices of Edwin K. Niles | Edwin K. Niles
    What court? If Small Claims, you must represent yourself, as no lawyers are allowed. In any event, if you have insurance (as the law requires) let them handle it. However, if you were hurt and wish to make a claim, NOW is the time to get a lawyer.
    Answer Applies to: California
    Replied: 5/27/2015
    Gates' Law, PLLC | Thomas E. Gates
    The other party is challenging the ticket. While your lights may not have been on, they crossed the intersection by their own actions.
    Answer Applies to: Washington
    Replied: 5/27/2015
    Andrew T. Velonis, P.C.
    Andrew T. Velonis, P.C. | Andrew Velonis
    I don't know why the other driver is taking the case to court, your insurance company should just pay up. Under the facts given, you were indeed at fault for the reason stated: if you had had your headlights on, as you were required to do, the other driver would have seen you and yielded the right of way. Since you did not he/she did not have the opportunity to do so.
    Answer Applies to: New York
    Replied: 5/27/2015
    Bulman Law Associates PLLC Injury Law Firm
    Bulman Law Associates PLLC Injury Law Firm | Thomas Bulman
    Headlights are overrated. Just go to court and tell the jury your story.
    Answer Applies to: Montana
    Replied: 5/27/2015
    James E. Hasser, Jr. P.C.
    James E. Hasser, Jr. P.C. | Jim Hasser
    Alabama is a contributory negligence state. If the other driver was negligent in even the slightest degree, they should not recover. But that also means you should not recover either. I would turn the case over to your insurance company and they will provide you with a lawyer and pay any judgment rendered up to the limits of the policy. Good luck.
    Answer Applies to: Alabama
    Replied: 5/27/2015
    S. Joseph Schramm | Joseph Schramm
    If you have insurance covering your vehicle you should contact the carrier to report the incident. The insurance company should provide you with legal representation as part of its agreement with you.
    Answer Applies to: Pennsylvania
    Replied: 5/27/2015
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