Sunglare – defense?

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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UPDATED: Mar 22, 2012

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Insurance Question from Bostonia, CA

Asked on 03/22/2012

Sunglare – defense? Hi,I was driving east bound at approx. 7 am. on March 20, 2012. The first day of spring, equanox. I was coming up to a stop light and did see from the angle I was at that it was green. FYI, speed limit was 45 miles an hour and I was on Main st. All of a sudden I was blinded by the sun. I could not stop because I did not know who was behind me and had to focus on what was going on in front of me. I slowed down at least 10 mph. My son was with me and I asked him if he could see the lt., he could not. I wound up getting hit in middle of intersection. Is sunglare a defense?

Answer given on March 25, 2012

If you are driving and unable to see in front of you, you should not continue moving forward, no matter how fast, or slowly, you are going. Sunglare is very difficult to see through and you could have struck a pedestrian since you did not know if the light was red or green. Failure to stop because you were worried about the cars behind you is also not much of a defense, since they are expected to keep a safe distance between themselves and you in case you must stop abruptly.The insurance companies for you and the other party will investigate the incident. It is possible that it could be a 50/50 accident since you were in the middle of the intersection when the collision occurred. The other party has a responsibility to be sure the intersection is clear before entering it. If there were witnesses for either party could have an effect on the outcome of the accident and the settlement.

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