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I would have to go with veh 1 also due to the no headlights. However it could be a little tricky as veh 2 is at fault for not yielding right of way to number 1 even though number 1 had no headlights. I know the the light conditions say dark but also states it was at a lighted interesection. May depend on how dark it actually was........tuff call but I would fine veh 1 and sue the S*#% out of them for everything I could think of.........At least it seems that is what eveyone does these days isn't it :-)
GHog
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