In California, it is against the law for you to drive without your lights on during the rain. If you are involved in a serious accident, the other person that was injured could claim that because you did not have your lights on, you are at fault for their injuries.
At the Hafif-Stonehouse Law Group, we have handled personal injury cases for almost 35 years, and I cannot stress enough how one simple oversight like forgetting to turn on your headlights in the rain can destroy your case or make you liable when you should not be.
The Exact California Law on Headlights and Rain
California Vehicle Code Section 24400 requires headlights whenever wipers are in continuous use due to rain, mist, snow, fog, or other precipitation. The law also applies if visibility drops below 1,000 feet. Many drivers think, “It is daytime, so I do not need lights.” That is wrong. The moment your wipers go on steadily because of rain, your headlights must be on – low beams, not high beams or hazards.
This rule exists for a reason. Rain reduces visibility dramatically. Water spray from tires creates a gray curtain on highways. Without headlights, other drivers cannot see your vehicle soon enough to react. Your taillights also stay off if only daytime running lights are active, making you nearly invisible from behind.
How No Headlights Can Ruin Your Personal Injury Claim
If another driver hits you and you did not have headlights on during rain, their insurance company will argue comparative negligence. They will say you contributed to the accident by being hard to see. In California’s comparative fault system, your recovery reduces by your percentage of fault. Even 20-30% fault assigned to you because of no lights could be detrimental to your case and mean far less in compensation for medical bills, lost wages, and pain.
Worse, if you cause the accident by not being visible, you become liable. The injured party can claim your violation of the headlight law proves negligence per se – automatic fault for breaking a safety statute. There have been cases where drivers without lights got blamed entirely for multi-car pileups in rain.
Common Questions Drivers Ask About Rainy Weather Accidents
Is it really required to have headlights on during daytime rain?
Yes. The law ties directly to weather conditions and visibility, not time of day.
What if my car has automatic lights – do they always come on in rain?
Not always. Many automatics only activate in darkness. Check your vehicle and manually turn them on when visibility is reduced.
Can I use high beams or hazard lights instead?
No. High beams blind others in low visibility, this is especially important in fog. Hazards imply you are stopped and can confuse drivers behind you. Use your low-beam headlights instead.
What if the other driver had no lights on and hit me?
That strengthens your case. Their violation supports full or primary fault on their side.
Does this apply on surface streets too, not just highways?
Yes, anywhere in California.
What about fog or smoke from wildfires?
Same rule – reduced visibility or wiper use triggers headlights.
Can police ticket me just for no lights in rain, even without an accident?
Yes, it is an infraction with fines and points.
If I get rear-ended in rain without lights, am I automatically at fault?
Not automatically, but it hurts your case badly. Rear-end collisions usually fault the follower, but no lights shifts blame.
Do newer cars with daytime running lights comply?
Often no – daytime lights do not activate taillights, which are crucial for visibility from behind.
Safety Tips Beyond the Law
Turn headlights on at the first sign of rain, before you need wipers on continuously just to be safe. Increase following distance – wet roads double stopping time. Slow down; hydroplaning starts around 35-50 mph on wet pavement. Avoid sudden braking or lane changes.
At Hafif-Stonehouse Law Group, we fight for victims when careless drivers ignore basic safety like headlights in rain. If poor visibility contributed to your accident, do not let insurance companies blame you unfairly.
Call us for a free consultation. We treat every client like family and work on contingency – no recovery, no fee.