If you get hit by a driver at night and he or she has no operational headlights, you do have legal rights. You need to know your legal rights in order to get compensation for the injuries caused during the accident. The laws for negligence differ from state to state, but you can determine how much you should be compensated for your injury based on the extent of the damages.
What You Should Know About Martin Versus Herzog
Martin versus Herzog is a case that addresses negligent driving without headlights on the wrong side of the road. This accident occurred on the night of August 21, 1915 when a passenger was killed. On the night of the accident, it was dark. Thus, not having on headlights on a dark night would be deemed negligent. It was argued that the absence of the law does not necessarily make someone negligent, but it is a fact that should be considered. The jury was instructed to “treat the omission of lights as either innocent or as culpable.”
In this instance, the statute that required travelers to have their headlights illuminated was common law. However, in the case of Tedla v. Ellman, they ruled this was not a case of negligence because not using headlights was safer than adhering to the statute. However, in the case of Martin versus Herzog, he was deemed negligent in accordance with the law.
Obtain an Attorney and Discover Your Legal Rights
If you’ve been involved in a hit and run accident, you should know your rights. Knowing your rights is the first step in recovery. Your attorney can help you understand the process and help you maximize your settlement. If you are not sure of what you need to do to obtain a settlement, you should consider speaking to a knowledgeable attorney to obtain the best advice possible.
Being hit at night by a driver with no headlights can cause serious injuries and even death. Wrongful death lawsuits are often complicated and involved. It takes a specialized attorney to be able to handle this type of lawsuit. Contact an attorney to find out what you need to know to get what you deserve.
For a free and immediate consultation with Hillsborough County personal injury lawyer Bryan Caulfield, call him at 1-800-535-2529 orcontact him online.