Sunsets and sunrises are beautiful, but not when you are driving. The sun’s low position when driving directly towards it causes its rays to hit your eyes and windshield, producing glares that can be blinding.
While sunrises and sunsets are natural occurrences that you cannot control, you cannot use them as a defense if you cause an accident. So you still have to drive carefully for the condition. This guide looks into sun glare-related accidents and what you need to know about when filing a personal injury case.
Liability for Sun Glare Accident
“California laws assume that every driver understands the risks of driving in the mornings and evenings when the sun is directly behind them. So, like other natural phenomena such as ice, heavy rainfall, fog, etc., the driver must operate the vehicle safely based on the conditions,” says California personal injury lawyer Larry Eisenberg of Law Office of Eisenberg & Associates.
So, liability will be squarely on the driver who makes the error that leads to an accident. For example, if a driver blinded by sun glare veers out of their lane and runs into you, they will have liability for the accident.
Preventing Sun Glare Accidents
Drivers are not utterly helpless regarding sun glare. There are several things they can do to mitigate its effects and, ultimately, the chances of an accident. For example, pluralized glasses are usually good at eliminating glare. So consider buying a pair and have them remain in your vehicle if needed.
Dust amplifies the effects of sun glare on the windshield and visibility, ensuring they are clean when driving directly at the sun. Use sun visors to block the sun from hitting your eyes, and invest in additional ones if you feel like the ones installed in your car are insufficient.
If you are not confident driving in the glare, pull over and wait until the conditions get better. Alternatively, try adjusting your schedule so you only get on the road when the conditions improve.
What to Do If You Are In a Sun Glare Accident
According to data from the NHTSA, sun glare is responsible for approximately 9,000 accidents every year. So there is a chance it could affect you too. If you do, handle it like you would any other accident. Start with seeking medical attention. So call 911, which will bring paramedics and the police to the scene.
Getting medical assistance at the scene is important for creating a trail of events from when you suffer an accident to the last day of treatment. As you wait for help to arrive, assuming you are not badly hurt, do some accident scene documentation by taking pictures and recording video. Consider aspects like car position, vehicle damage, license plates, and skid marks in your picture and video documentation. Also, talk to witnesses, record their statements, and get their contact information.
If you can’t handle these tasks yourself, ask an onlooker to help you. The law allows vehicles to be moved out of the way if they are in movable condition to avoid inconveniencing other drivers and for safety reasons. Remember, the sun’s glare could still affect other drivers, so staying on the road could mean exposing yourself to more danger.
After leaving the accident scene, start your lawyer search. When picking a lawyer, pay attention to their experience, success at trial, and geographical region of practice. If they do not have offices in California, they may not be your best choice in a California personal injury claim.
