Car headlights high beam at night with bokhe on the street at night time,

When used right, your high beams can help you stay safe on the road. However, sometimes, in addition to being proper etiquette, Virginia law requires you to use your low beams instead of your high beams. When you violate the law and fail to use your high beams properly, you can significantly increase the risk of a serious car accident.

Our team at Marks & Harris provides these safety tips to help you use your high beams to avoid collisions with other vehicles or objects in Virginia:

When Does Virginia Law Require Drivers to Use Low Instead of High Beams?

In many cases, you can legally drive in Virginia with your high beams, and doing so may be helpful on dark stretches of road with decreased visibility. However, in three specific situations, state law (Va. Code § 46.2-1034) requires you to use your low beams instead. Those situations arise when:

  • Lighting is sufficient – If you are driving on a street or highway, and the lighting allows you to see a person or object from at least 350 feet away, you must use your low beams, or you must dim your headlights if you are driving with single-beam lights.
  • You approach oncoming traffic – If you see a vehicle approaching head-on within 500 feet, you must use your low beams so they don’t project “glaring rays” into the eyes of the oncoming driver. If you have single-beam lights, you must dim the lights.
  • You approach traffic from the rear – If you approach another vehicle that is traveling in the same direction from the rear and draw within 200 feet of it, you must use your low beams or dim your single-beam lights.

Failure to comply with Virginia’s laws on low-beam and high-beam use is dangerous and could result in a traffic violation citation, regardless of whether you were complying with the speed limit. If you caused an accident due to improperly using high beams, it could be considered negligence. In turn, you could face liability in a car accident lawsuit. You should be aware of these potential legal consequences.

What Is Proper Etiquette for Using High Beams?

Proper etiquette for using high beams starts with following the law and recognizing situations where using them could endanger your safety and others on the road. The laws are intended to prevent drivers from blinding other drivers. Given how bright and powerful today’s high beams can be, it is as vital as ever for drivers to follow these laws.

In addition to following the Virginia laws we outlined above, you should avoid using your high beams when:

  • Driving in fog, rain, or snow – Contrary to what many believe, high beams reflect off moisture particles in wet weather. So, when you turn on your high beams, you reduce your visibility. If your car has them, use fog lights in inclement weather. They emit a wide, short beam aimed at the road, reducing glare and helping you see the road and nearby objects better.
  • Going through residential areas – Generally, you do not need to use your high beams in well-lit, populated neighborhoods. The glare from the lights can be disruptive to other drivers and residents. In these areas, it’s essential to stay alert, go slowly, and use peripheral vision to check for others.

What Mistakes Do Drivers Make When Using High Beams?

Even experienced drivers make mistakes when using high beams. The following are some of the most common mistakes:

  • Forgetting to switch to low beams when a car approaches
  • Leaving on high beams in areas with sufficient lighting
  • Using high beams in poor weather conditions
  • Failing to check headlight alignment
  • Not realizing their high beams are on.

These mistakes can be irritating to other drivers. More importantly, they could cause a severe car accident. Impairing another driver’s ability to see can cause them to hit a car, an object, a cyclist, or a pedestrian.

Could a Driver Who Fails to Dim Their Lights Be Liable If It Causes an Accident?

In Virginia, a driver who fails to dim their high beams may be liable for any accidents and injuries caused by their negligence. A driver’s failure to use their low beams instead of their high beams, as Virginia law requires, can establish that they acted negligently as a matter of law, or negligence per se.

For example, you may establish a driver’s negligence with evidence showing they still used their high beams even when a vehicle approached them head-on within 500 feet, or by failing to switch to their low beams when they drew within 200 feet of the car ahead of them.

If the driver’s negligence caused your accident and resulting injuries, you may be eligible to recover full compensation for your medical bills, future medical expenses, lost income, pain and suffering, and more. It will be critical to consult an experienced personal injury attorney who can explain your rights and guide you through your options.

What Should I Do If an Oncoming Driver Will Not Dim Their High Beams?

Encountering a driver who refuses to dim their high beams can be frustrating and even frightening if the bright lights impair your vision. It’s not easy to clearly communicate a message to the other driver in this scenario. Still, here are some things you can try to do to protect yourself and others on the road:

  • Avoid looking directly at the lights – Rather than looking straight ahead and squinting through the glare, you’re better off shifting your gaze to the right edge of your lane and using the painted lines to guide you until the other driver and their blinding high beams have passed.
  • Reduce your speed – Slowing down gives you more time to react to obstacles or changes in road conditions, and it can lessen the impact if you get into a crash. Don’t slow down too abruptly. You could raise the risk of a crash.
  • Don’t flash your high beams at them – It can be considered a courtesy to flash your high beams to let someone know they have theirs on. However, you may provoke aggressive behavior in the other driver, escalating the situation from dangerous to imminently dangerous.
  • Maintain a safe lane position – Stay centered in your lane, but don’t assume the road ahead is clear of obstructions. Watch for pedestrians, wildlife, or debris that might be difficult to spot through the high beams.

Contact a Virginia Car Accident Lawyer

Marks & Harrison has protected the rights of Virginia residents for over a century. In that time, we’ve developed a strong reputation for compassionate service, tenacious representation, and meaningful results. That reputation is backed by millions in settlements and verdicts, including some of the most significant cases in Virginia history, and a long list of testimonials from satisfied clients. Here’s what one client had to say about their experience:

“I would not have the outcome that I did without all their support and hard work!”

Contact us today for your free consultation with a Virginia car accident lawyer.

Lee J. Bujakowski is a Tulane University School of Law graduate who joined Marks & Harrison in 2013. Lee works in our Hopewell office and focuses on protecting the rights of injury victims and their families. He is licensed to practice in Virginia’s state courts as well as the U.S. District Courts for the Eastern and Western Districts of Virginia. In addition to his law practice, Lee is highly active in the community, including serving as counsel for the Hopewell Recreation and Parks Foundation and Hopewell Manufacturers Association. He is also a member of the Hopewell Jaycees.