My wife was setting still in a Left Turn Lane, waiting on traffic to pass before making her turn across a 4 lane Bypass onto a two lane highway. The oncoming traffic passed and she started her turn. Half way across the two lanes she was hit by a driver that didn't have their headlights on. It was exactly 20 minutes after sunset and the weather was cloudy. The driver that did not have their lights on apologized to my wife and the police admitting fault.
My problem is that This guys INS says that my wife is partially to blame because he had the right of way. But his lights were off and she couldn't see him. It was dark out. Is the INS right? If you pull out in front of someone with their lights off can you be partially at fault??
We think so. Making a left turn when other vehicles have the right of way put a big duty on that vehicle. The light issue could be a big one, depending on how dark. It was not completely dark, but again, that vehicle had the right of way.