As a driver, there are many hazards that you need to look out for when you are on the road. A pedestrian may suddenly step out into the road without warning, or another driver may change lanes without looking. The bright sun may also threaten the safety of vehicles on the road, especially during certain times of the day or year. If a driver is traveling along a freeway and is temporarily blinded by the glaring sun, they may crash into another vehicle or barrier. If you’ve been injured in an auto accident caused by a driver who claims to have been blinded by the sun glare, does this mean that they cannot be held responsible for causing the accident? Let’s take a closer look.
California’s Comparative Negligence Rule
In California, those who suffered injuries in an auto accident may decide to pursue compensation from the driver who was responsible for causing the incident. A major aspect of this legal process is determining the degree to which each party can be blamed for the accident. Based on witness testimony, police reports, and other evidence, perhaps it’s found that the other driver was 80 percent responsible for the accident, while you were 20 percent at-fault. When you are awarded financial damages, you’ll be entitled to receive the requested amount, minus 20 percent (as you were 20 percent at-fault).
Sun Glare Does Not Waive Liability
If you are pursuing compensation from another driver who ran into you, they may claim that they hit you because they were blinded by sun glare at the time. While this may have contributed to the cause of the accident, it does not release them from liability. Like other severe weather conditions, such as heavy rain or icy roads, sun glare is simply a condition that drivers should take reasonable care to anticipate and to prepare themselves accordingly. So, if the other driver is blaming the accident on the bright sun, they will likely still be held responsible for their role in causing the accident.
Trusted Legal Guidance When You Need It
Negotiating a fair settlement following an auto accident can be overwhelming, especially if you are also preoccupied with how the incident is impacting your physical recovery, employment status, or financial situation. The legal process requires a heavy amount of correspondence with insurance companies, which can be frustrating and difficult to navigate. Working with a knowledgeable and experienced auto accident attorney is a solid way to ensure that you receive a favorable outcome so that you can get your life back on track.
For more information about pursuing an auto accident claim in the Murrieta or Temecula area, contact the skilled legal team at Hales & Associates, A Professional Law Corporation by calling 1-888-WORK (9675) today.