Am I Liable if I Hit a Driver Who Doesn't Have Their Lights on at Night?

 Posted on July 31, 2026 in Personal Injury

Accidents involving a driver whose lights were not on when they should have been raise serious questions about fault. In Illinois, it is illegal to drive at night without headlights. Someone who hits another driver whose headlights were not on may not be entirely liable for the accident. However, how fault is assigned depends on the circumstances of each case.

If you were involved in this kind of crash in 2026, a Kendall County personal injury lawyer can help you understand what factors will be considered in your case.

Is Someone Driving Without Headlights Automatically at Fault for an Accident in Illinois?

Driving without headlights on at night does not automatically put the driver at fault for an accident, but it can weigh heavily against them. Illinois law under 625 ILCS 5/12-201 requires drivers to use their headlights from sunset to sunrise, when weather conditions require windshield wipers, and whenever people or vehicles cannot be clearly seen from 1,000 feet away.

If the other driver violated this law by driving without lights, that can be used as evidence of negligence in a civil claim. Courts and insurance adjusters often view a lack of headlights as a sign the other driver failed to take reasonable precautions. However, that does not automatically establish that the driver was negligent or caused the crash. What each driver could reasonably have seen and done to prevent the accident must be considered before final fault is assigned.

Can I Be Held Partially Responsible for an Accident if the Other Driver Didn’t Have Their Lights On?

It is possible for you to share fault in an accident in which another driver failed to turn on their headlights after dark. Illinois follows a "modified comparative negligence" rule. This means that you can be found to have a percentage of fault for the accident. Your compensation will typically be reduced by your percentage of fault. You're barred from recovering anything if you're found more than 50 percent at fault. Even if the other driver clearly broke the law by not using their headlights, your own actions leading up to the crash will be closely examined.

An insurance company defending the other driver may argue that you were:

• Driving faster than conditions allowed
• Distracted or not watching the road closely enough
• Following too closely to react in time

Even if the other driver had no lights on, it may be argued that you would have been able to see them if you were paying proper attention. Courts expect all drivers to pay attention and react reasonably to their surroundings. This is true regardless of the other driver’s actions.

What Evidence Can Help Prove the Other Driver Was Negligent?

Strong evidence can help strengthen your case that the other driver was negligent and you could not have reasonably prevented an accident. Useful evidence often includes:

• The police report about the accident, including any citation issued to the other driver for a lighting violation
• Photos of the scene, including pictures of the lighting conditions and any visible headlight damage on the other driver’s car
• Dashcam footage from your or other vehicles, if available
• Footage from traffic or security cameras in the area
• Witness statements from anyone who saw the accident 
• Vehicle inspection records showing whether the headlights were working or not 

Many pieces of evidence, such as security footage and the placement of cars after the accident, are time-sensitive. Act as quickly as possible to preserve the evidence for your case. Store photos, videos, reports, and contact information somewhere safe so you can use them when needed.

Call a Kane County, IL Car Accident Lawyer Today

If you were injured in an accident caused by a driver who should have had their headlights on, you should not have to accept unfair blame.

Our experienced attorneys will review all available evidence and build a strong, evidence-backed case for your car accident claim. Call SpyratosDavis LLC at 630-810-8881 to talk with our Kendall County car accident attorneys about your case.