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