Many motorists have felt it – the feeling of panic when driving down the road and suddenly the glare of the sun hits the windshield, causing temporary inability to see out of the front window of the vehicle. Just a few seconds of this blindness can lead to a serious car accident and injuries.
Driving into the sun can be a challenge in and of itself. However, the situation can be made even worse if other factors are added, such as a dirty windshield, or the sun reflecting off of snow on the ground. These added elements can make the glare even more blinding.
Even when drivers do not have control over the glare caused by the sun, there is no legal excuse for a car crash that results from this phenomenon. This is also true when there are heavy rains, snowstorms, icy roads, or animals darting into the middle of the road. Every driver has an obligation under the law to maintain control of his or her vehicle and use appropriate caution to avoid accidents.
Steps drivers can take to help prevent sun glare accidents
Some of the precautions drivers can take to help prevent accidents caused by sun glare include:
- Using the visor within the vehicle to prevent the sun’s rays from hitting your eyes.
- Wearing special sunglasses – polarized sunglasses – that more effectively reflect the rays of the sun.
- Leaving sufficient space between you and the vehicle in front of you when sun glare is present
- Making sure the dashboard is clean of dirt and dust. These elements can make sun glare even worse.
- Making sure the windshield of the vehicle is clean on the outside and inside and repairing any cracks or dings in the glass, which could intensify sun glare.
Liability for car accidents in Connecticut
The law in Connecticut and other states assumes that drivers understand the possibility of sun glare and its ability to inhibit vision while driving. It places the responsibility on drivers to take necessary and reasonable precautions to prevent accidents resulting from such glare. There is no change in the standard of care required by the driver under the law when temporary emergency situations such as sun glare arises.
Connecticut operates under the modified comparative theory of assigning liability in personal injury cases. Under the law, a plaintiff may only recover damages for injuries or losses if he or she is 50% or less at fault. Therefore, if a jury finds that you are 40% responsible for an accident caused by sun glare, you can still recover compensation from the defendant. The award you receive would be reduced by 40% to match your comparative fault. However, if a jury finds you are more than half responsible for the accident – more than 50% – you will not have the opportunity to recover damages.
At Barry & Barall, LLC, we understand the devastation caused by car crashes for drivers, passengers, and others on the roadway. If you have sustained injuries in a car crash resulting from another party’s negligence, our car crash attorneys in Manchester can review your case, determine your eligibility for compensation, and fight for any financial recovery you deserve. To arrange a free case review, give us a call today at 860.649.4400 or use our contact form. Proudly serving Manchester, Hartford, and the surrounding areas.