Question: While turning right, a pickup truck driving in the opposite direction blinded me with its headlights, causing me to crash into my motorbike.
At that time, the light was red, so I stopped the pickup truck and asked the driver to compensate the injured motorcyclist.
The driver refused, saying he had nothing to do with the accident and that if I couldn't see anything because of the high beams, I should have stopped the car, but I was still driving normally, which is why I caused the accident. He felt no fault, and that whoever I hit "was my own responsibility."
The pickup truck is tall, the driver added LED lights on the roof, under the chassis and at the back. My car is a lower sedan so it "absorbs" all this light, the dash cam shows the same.
Can I force him to pay compensation?
NGUYEN CUONG(Hai Duong City)
Reply:Article 8 of the Road Traffic Law strictly prohibits the use of high beams in urban and densely populated areas, except for priority vehicles on duty.
Violating the above prohibition will be subject to a fine of VND100,000-200,000 according to Article 6, Decree 100/2019. This fine also applies to the act of "using high beams when avoiding oncoming vehicles".
Article 16 of Decree 100/2019 also stipulates that drivers who install additional lights on the roof, under the chassis, or in the rear will be fined from 800,000 to 1 million VND and have their driving license revoked for 1-3 months.
In your case, since the dash cam shows the pickup driver using high beams and adding lights, he could be fined by the police.
Regarding accident liability, you have the right to ask this driver to compensate the motorbike for "mixed fault", as evidenced by the video from the dash cam.
If the motorcyclist is injured by more than 60% of his health, the police will open a case for investigation and then you can request a field experiment, proving that you did not see anything when the pickup truck "shined its headlights straight into your face".
If the violation is only at the administrative level and the pickup truck driver is not jointly responsible, you can sue in court, requesting compensation for damages outside the contract.
You should first let the traffic police handle it, determine the fault and responsibility of each party. Then, if the responsibility for compensation has not been shared, you need to file a lawsuit to ensure your rights.