Can I Recover Compensation for a Sun Glare Accident?
Posted on behalf of Lynch Law Firm on August 11, 2022 in Car Accident News. Updated on May 25, 2023
Hitting the road during the summer to get to the beach or take a much-needed vacation is the norm for many New Jersey drivers. However, getting on the road may present a fair amount of differing weather. While drivers may be more likely to get into a crash under rainy conditions, bright sunlight could also pose a problem if it reflects in just the right spot to block a driver’s vision temporarily.
Below, we discuss how sun glare could cause a collision and what your legal options may be if you are injured in a crash.
If you have legal questions after a sun glare accident or any other type of collision that left you injured, call our New Jersey auto collision attorneys. The consultation is free and there are no upfront fees.
HOW CAN SUN GLARE CAUSE A CRASH?
It may sound trivial, but sun glare can become a significant problem for a driver. In some cases, it could potentially block a driver’s vision or even cause temporary blindness.
If a driver’s vision is temporarily impaired, it could create a dangerous hazard on the road and lead to a collision.
For instance, a driver may be unable to see a vehicle in the next lane, causing a collision while attempting to merge.
When the sun’s glare is directly on a vehicle’s windshield, a driver may not be able to see a pedestrian attempting to cross the road or even a traffic light change.
Sun glare may also cause someone to take his or her eyes off the road, potentially leading to a rear-end collision or a traffic violation that could result in a crash.
HOW IS LIABILITY FOR A SUN GLARE CRASH DETERMINED?
Even if an accident is caused by sun glare, liability ultimately comes down to which driver acted negligently and caused a collision.
Drivers have a duty to act in a reasonable manner to avoid causing an accident, regardless of the weather. In the case of sun glare, a driver could be expected to be more cautious if the sun is in a position that impairs his or her vision. For instance, wearing sunglasses or using the vehicle’s sun visor to reduce the glare of the sun.
Therefore, if the at-fault driver tries to blame sun glare for a crash, he or she is unlikely to have a solid argument. For instance, if a driver changes lanes despite being unable to see and check for traffic in his or her blind spot. If this negligence leads to a crash, he or she is likely to be liable for the damages.
WHAT ARE MY OPTIONS FOR RECOVERING COMPENSATION FOR A SUN GLARE CRASH?
If you are injured in a sun glare accident, you may have several options for recovering compensation. Since New Jersey is a no-fault state, your first option is to file a claim through your own Personal Injury Protection (PIP) insurance to have your medical bills covered. PIP insurance also helps to cover lost wages, so if your injuries prevent you from working, you may be able to recover this compensation as part of your PIP claim.
PIP insurance should cover your lost wages and medical expenses no matter who is assigned fault after the crash. Therefore, even if the other driver claims the sun blocked his or her vision, and liability is questionable, you do not have to pay your doctor’s visits out-of-pocket.
However, if fault is assigned to the other driver, you may be able to file a third-party claim through his or her liability insurance policy. This type of claim would enable you to pursue compensation for your economic and non-economic damages, like pain and suffering.
HOW TO REDUCE SUN GLARE
Reducing sun glare may help reduce the chances of an accident. Some ways drivers can help reduce sun glare include:
- Using polarized sunglasses
- Ensuring the sun visors in the vehicle work properly
- Keeping your eyes on the road
- Staying in your lane if you cannot check a blind spot
- Leaving enough space between the vehicle in front of yours
- Reducing your speed when the sun blocks your vision
In a scenario when the sun’s glare is too blinding or blocking too much of your vision, your best option would be to pull over or take a different route to your destination.
INJURED IN A CRASH? CALL US TODAY
Whether you were injured in a sun glare accident or due to someone else’s negligent actions, our attorneys at Lynch Law Firm are prepared to help you pursue the compensation you need.
The consultation to discuss your claim is free. If we validate your case and you choose to work with us, you do not pay for our services until you recover compensation.
There is no risk to you. Call (800) 518-0508 today.