Florida isn’t named the Sunshine State for nothing. The bright sunlight can be more dangerous for drivers than the hurricanes and tropical storms our state is also famous for.
We’ve all been almost blinded by the sun while behind the wheel. Other times, it may be the glare from someone else’s headlights. No matter where you put your visor or how dark your glasses are, it can be temporarily blinding. Naturally, this could cause a serious accident.
A Florida car accident lawyer can help you understand your rights after car accidents due to sun glare, even if you were determined to be at fault for the wreck. Some Florida statutes may apply in your case, but you’ll need to take quick legal action to protect your rights.
Factors contributing to sun glare accidents
Any time a driver’s sight is impaired, it can create dangerous conditions and heighten the likelihood of a crash. The National Highway Traffic Safety Administration (NHTSA) notes that glare is a factor in thousands of accidents each year in the U.S.
Sharp sun glare directly in the eyes can make it harder to see road hazards, other drivers, and changes in the flow of traffic. Glare can also make it difficult for drivers to see the color of a traffic light at a guided intersection. They may mistakenly see green and go or mistake the light for red and cause a rear-end accident.
Some common incidents where sun glare contributes to a car accident include:
- A driver was blinded by the sun and hit another car head-on
- A driver fails to see a pedestrian or cyclist and hits them
- A driver swerves into another lane because they cannot see lane markers indicating a shift
- Sun glare made it hard for a trailing driver to see the brake lights of the car in front, leading to a rear-end crash
Anywhere a driver looks can be affected by the sun’s glare. Unfortunately for many Florida drivers, the worst times of day for sun glare are the same times as heavy commuter traffic (morning and late afternoon), adding another layer of danger to the roads.
Can I get compensation for accidents involving sun glare?
All licensed drivers in Florida are legally responsible for taking proper precautions to avoid an accident. This includes considering the impact of inclement weather and sun glare on their ability to control their vehicle.
Your car is equipped with sun visors, which help block glare, and you may opt for a window tint to see more easily.
Sunglasses can also help reduce glare, especially polarized pairs. These reduce the sun’s impact without limiting one’s ability to discern important details on the road, such as brake lights or traffic lights.
Even if sun glare contributes to a crash, the at-fault driver will likely still be liable for your losses. You can take legal action even if the sun was in the other driver’s eyes, although their attorney may try to make a strong case in their client’s favor.
Your lawyer can counter the claims put forward by the defendant’s lawyer and help you secure compensation in a negligence-based claim.
Proving fault in car accidents due to sun glare
Some types of car accident claim defenses are easier to prove fault than others. Temporary blindness due to sun glare is often one of the “others.” The at-fault driver’s insurance company or attorney may claim that the sun glare was unavoidable and out of the driver’s control. Therefore, they argue that they’re not liable for the crash.
However, many plaintiffs’ attorneys, including ours, assert that sun glare is a foreseeable, natural occurrence. The argument can be made that Florida drivers know that bright sunlight is common. Drivers can reliably predict when and where the sun will be in their eyes while driving. They can take reasonable precautions to mitigate the sun’s effect on their ability to drive safely.
Helping you secure compensation after a car crash
If you’ve been injured in a wreck you didn’t cause, you have the right to file a fault-based claim against the negligent driver. If your damages exceed your PIP coverage, this may be the only way you’ll get all the money you need for medical care, fixing or replacing your car, and other losses.
The Florida car accident lawyers at Lytal, Reiter, Smith, Ivey & Fronrath have decades of combined experience litigating tough traffic collision cases. That includes those in which the defendant claims that the sun made them unable to drive safely.
We can construct strong, evidence-based arguments to support your claim for compensation. Learn more by calling (561) 655-1990 for a free consultation.
