The Sun Glare Isn't An Adequate Excuse For Negligence During A Car Accident

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The Sun Glare Isn't An Adequate Excuse For Negligence During A Car Accident

22 October 2021
 Categories: Law, Blog

At certain times of the day, you might discover that it can be more difficult to drive because of the sun's glare. Other drivers might be suffering from this same problem. Then, after an accident, a driver might claim that the accident was unavoidable because of the glare of the sun. 

Sun Glares are Not an Acceptable Excuse

Because a sun glare will often occur at the same time of the day, drivers are expected to anticipate sun glares. A driver should then adjust their driving behavior to take into account the glares.

A driver must obey traffic laws and should take action to mitigate the effect of sun glares such as wearing sunglasses, using the visor, or not driving when the sun glare makes it too difficult for the driver to operate the vehicle safely.

The Emergency Doctrine

Oftentimes, a defendant will try to invoke the emergency doctrine in a situation such as blinding sun glare. They might argue that they suddenly found themselves in an emergency situation and were not able to avoid the accident.

However, an emergency doctrine is not relevant to a sun glare because it is not a sudden and unforeseeable event. Also, in many cases, a driver who claims the emergency doctrine was negligent in other ways as well. 

The Importance of Negligence in an Auto Accident Case

It's important to determine whether the other driver was negligent because this will determine whether you are entitled to compensation for your injuries. Once you are able to prove negligence, the insurance provider will be forced to compensate you for your injuries to make sure that your case doesn't go to trial.

The other insurance provider might also attempt to hold you partially responsible for the accident so they do not have to compensate you as much. This can reduce your settlement by a substantial amount. Under these circumstances, you will always want to contact an auto accident attorney because they will help you gather evidence to prove your case.

An attorney will help counter any claims that the insurance provider makes that have the goal of reducing your benefits. They might argue that you were speeding, for example, even when the evidence at the scene of the accident doesn't support this claim. While you may be eager to receive any compensation you can, it's important to make sure that you are fully compensated so you can pay for current and future bills.

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