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NMHSteve

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  1. Thank you very much for the information and for your help! Steven
  2. I was involved in an accident in which I was on the street and was going to change lanes from the right lane to the left lane to turn in approximately 100 yards. The conditions at the time were raining (enough to require wiper use by both parties) and cloudy. When I made my lane change I hit a black Dodge Charger that did not have it's headlights on. The insurance company is saying that I would still be at fault even though any reasonable person would be driving with their headlights on in those conditions. I have pictures taken from the scene which clearly show rain falling, and show both vehicles with wiper blades on, and with my headlights on, but not on their car. The claims adjuster is using his personal knowledge (he works in a city 20 miles east of where the accident happened, and was not in the area at the time) to say that he didn't need his lights or wiper blades. Is there any case precedent that would be admissible in Texas showing that a reasonable person would have their lights on in a inclement weather condition? Or are there any laws that would be related to this in the Texas Department of Transportation Code? Thank you, Steven
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