Massachusetts is a no fault state, so you will report your accident to your own insurance company with his information, and they will take it from there. Generally, only if your damage exceeds your coverage will the insurance company go after him. Did you call the police? Were you cited for failing to yield? The law for headlights requires that he have his headlights on until 1/2 hour after sunrise, which would have been at 6:04 a.m. in Worcester today. That means that if he didn't have his lights on at 6:00, he was in violation of the law. It's tough to prove it if you didn't contact the police.
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A vehicle attempting a left turn must yield to on coming traffic, so you are correct in your assertion that "the person making the left-hand turn is almost always at fault". Be sure contact a local personal injury lawyer to see if the other factors (speeding & lack of headlights) will assist you in avoiding a surcharge.Ask a similar question
You are both likely partially at fault. Good luck.
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If you are pulling onto a roadway from a private parking lot, a driver must yield the right of way to vehicle on the roadway. In the case of nighttime accidents, whether the driver had on his lights or whether the headlights were not working is an issue of comparative fault. Also, speeding is an issue on which comparative fault can be assessed. However, most states require some "observation" of the speeding vehicle to assess its' speed. Call a local attorney and see if this is the law of your state. Also, report this matter to your insurance company for defense of the claim.
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