Is Sun Glare A Valid Defense In A Tucson Accident Claim?

Tucson and many other cities in Arizona are known for consistently clear weather, with 300+ days of sunshine per year. While this means fewer traffic collisions due to weather conditions like rain and snow, sunshine can bring its own dangers. One of those is sun glare, which can temporarily blind a driver and potentially cause an accident. It can be difficult to avoid sun glare, especially when travelling east on the I-10 during sunrise and west during sunset. So, if it is impossible to see due to the sun being low on the horizon, would a driver blinded by sun glare be an excuse from liability for any damages caused in an accident? Read on for more discussion on this topic. If you’re seeking an experienced Tucson accident lawyer, our firm offers free initial consultations by phone. You don’t pay our affordable contingency rate until we win an award on your behalf. Call us today at 520-441-1450 for more information. 

Is Sun Glare an “Act of God”? 

If you’re familiar with insurance claims, you may be familiar with the term “act of God.” An Act of God is an extraordinary and unforeseeable event. Insurance companies use this legal theory to hold themselves harmless for natural disasters and other unanticipated emergencies. Defense counsel in an accident claim may present an argument that their client is not liable for the plaintiff’s injuries using this theory. But this fails to take into account the human control element in this type of crash. A driver can pull over if sun glare makes it impossible for them to safely operate their vehicle while driving. This eliminates the uncontrollable element of the Act of God legal theory. So while a crash caused by reduced visibility due to sun glare might not have been intentional, the driver can still be held liable for the other party’s damages. The driver still violated their duty of care for others on the road by not pulling over and waiting until it was safe to drive, or using protective eyewear to improve visibility. They may have also violated the duty of care to other drivers on the road in numerous other ways. 

Drivers should be prepared for unexpected changes on the road, including waiting for decreased visibility conditions like sun glare to improve. When sun glare is that bad, it should only take about 10 minutes until the angle from the sun changes. Some of the ways an accident victim can establish that a driver affected by sun glare was negligent include:

• Failure to maintain safe following distance: In driving school, we’re taught to pick an item, start counting when the car in front of you passes it, and ideally not pass that item yourself until you have counted to at least 3 to 5. Tailgating the car in front of you is particularly dangerous when visibility is reduced due to sun glare. 
• Refusing to pull over: Arizona law establishes that it is prudent for a driver to pull over when blinded by the sun. The law doesn’t care if it is faster or more convenient for you to try to power through impossible driving conditions. 
• Failure to adjust speed: There are some situations where it might not be completely safe for a driver to pull over immediately, even if they can’t see due to sun glare. Here, at the very least, the driver should at least be reducing their speed. This gives them more time to react to avoid an accident, and can reduce the severity of damages in an accident. 
• Failure to use safety equipment: When the sun is shining bright, there are items a driver can use to at least partially block the glare, and therefore should always have them on hand while driving in Arizona. Examples include sun visors and polarized glasses. Evidence that a driver didn’t use these items while driving in bright, sunny hours could be used against them in an accident claim. 
• Inadequate vehicle maintenance: While it can be costly and inconvenient, it’s important to properly maintain a vehicle so it can be operated safely. Neglected auto parts like brakes, tires, and a cracked windshield could all contribute to a sun glare accident. They can increase stopping time and reduce visibility, and keeping a car well-maintained is within a driver’s control. 

Collecting Evidence for a Sun Glare Accident Claim

There are certain pieces of evidence that are commonly used in all types of traffic collision cases. Evidence from an accident should be obtained quickly as possible so it can be preserved and not lost. Photos, videos, and a police report will become relevant in almost any injury claim. But when at least one driver alleges that the accident took place due to sun glare, there are other types of evidence that can be useful in proving a litigant’s position, such as:

• ADOT Traffic Camera Footage: This doesn’t necessarily have to be footage of the accident itself, but the road conditions around the time of the accident. Of course, actual footage of the incident is even more beneficial. 
• Solar Trajectory Data: Data from weather forecasts and other sources can allow an expert to create a solar trajectory for the day of the accident. This can show the exact angle of the sun at the time of the crash, which can be instrumental in a sun glare accident claim. 
• ECU or Black Box Data: An ECU is a car’s electronic control unit or engine control unit, while a black box is data storage from a collision with protection designed to help it survive the crash. This can show things like whether the driver hit the brakes or maintained their speed right before the crash. 
• Documentation of windshield condition: Sun glare is even more blinding if a driver doesn’t take proper care of their windshield and the rest of their vehicle. Repair records and vehicle inspection photos can potentially demonstrate if a driver neglectfully maintained their vehicle. 

Don’t Take On a Tucson Sun Glare Accident Claim on Your Own. Let an Experienced Injury Attorney Review Your Potential Case Today. 

Unless you are in an accident with an uninsured driver, you will be up against an insurance company and their attorneys on retainer if you file a personal injury claim without legal representation. These attorneys are knowledgeable about legal strategies and have significant resources at their disposal to defend against a claim. Many personal injury claimants choose this route anyway, because they assume they can’t afford to hire their own attorney. But this can be a fatal mistake in a personal injury claim. Most accident lawyers accept payment on a contingency basis, meaning they only get paid if they settle or win your case. The accident victim does not pay their attorney if the attorney does not recover an award on their behalf. So when the accident victim doesn’t pay for their initial case evaluation, there is no risk to speaking with an attorney about your claim. Our Tucson accident lawyers team will make pursuing compensation for your injuries less stressful and more profitable. Schedule your free consultation today by calling 520-441-1450 for more information.