A glare-induced crash occurs when a driver is temporarily blinded by sunlight or artificial light, leading to an accident. While glare can be a natural and uncontrollable phenomenon, certain conditions can make such accidents legally actionable in Florida.
All drivers are held to a legal duty of care to operate their vehicles safely and responsibly, considering road conditions and visibility. This duty includes taking precautions to minimize the risk of glare, such as:
- Using sun visors
- Wearing polarized sunglasses
- Adjusting speed according to visibility
- Keeping windshields clean to reduce glare
If a driver fails to take these reasonable precautions and a glare-induced crash occurs, they may be considered negligent and therefore legally liable for any harm that occurs during an accident. Alternatively, if a crash victim is less than 50 percent to blame for what happened, they may assert that a driver is responsible for a portion of their harm, even if some of the factors involved in the crash in question were beyond their control.
Road design and maintenance
In some cases, glare-induced crashes may be partly attributed to poor road design or maintenance. For example, improperly positioned traffic lights, lack of glare-reducing measures or poor signage can exacerbate glare conditions. If road design or maintenance is found to contribute significantly to the cause(s) of an accident, the responsible government entity or contractor may be held liable. Note that suing a government entity involves specific legal procedures and often requires proving that the entity was aware of the hazard and failed to take corrective action.
Navigating the complexities of a glare-induced crash case is not always a straightforward journey. Seeking personalized legal guidance as proactively as possible after a collision, therefore, is generally wise.