QUESTION

vehicle accident

Asked on Jan 21st, 2013 on Automobile Accidents - North Carolina
More details to this question:
Last Thursday morning at 650 am. My wife rear ended a truck. It was dark, foggy, and raining.She was she was on her way to school, Speed limit is 45, she was driving at under 40,the trucked was stopped to make a left turn,his tail lights were tinted so dark, you couldnt see them in this condition, by the time she drove up it was to late to stop. She hit his vehicle. She turned sharp right to avoid a serious accident. it damaged his right side fender and bumper.her car the whold front was severe. The man got out of his truck to check his damages and the got back in to move his truck and then called for medical assitance for him self. He never ask my wife if she needed help. a pass byer stopped to assist her. We know if you rear end somebody, your quilty. But his tail lights were so dark his vehicle was like invisible .How can somebody be quilty by hitting somebode with tail lights tinted dark,,can you give us advise
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1 ANSWER

Personal Injury Attorney serving South Pasadena, FL at The Law Offices of Charles D. Scott PLLC
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My answer is based on Florida law, and may be different in your state. In Florida we have "comparative" negligence. That means that you can be partially at fault in an accident and still recover damages, reduced by the amount of your own negligence. In states where the law is "contributory" negligence, if you contributed to the accident you cannot recover. So it will depend on the lawy in your state, if it is comparative you could still find a lawyer to file suit against the other driver. The obscured tail lights may be the key to your case.
Answered on Jan 22nd, 2013 at 12:09 PM

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