Summary
A driver who causes a crash after being blinded by sun glare may still be liable in South Carolina. Bright sunlight can reduce visibility, but it does not automatically excuse unsafe driving. Drivers are expected to use reasonable care based on the conditions they encounter.
When glare makes it difficult to see the roadway, a reasonable response may include reducing speed, increasing following distance, using a sun visor, avoiding sudden lane changes, or stopping in a safe location when visibility becomes too limited to continue.
Christian & Christian Law helps injured people in Greenville, South Carolina, evaluate disputed-fault car accident claims involving sun glare and other visibility problems.
Liability depends on the facts of the collision. Evidence may show where the sun was positioned, which direction each vehicle was traveling, how fast the vehicles were moving, whether braking occurred, where the vehicles were positioned, what witnesses observed, and whether the driver took reasonable precautions before the crash.
Learn more about Greenville car accident claims:
https://www.cclawfirm.com/greenville-car-accident-lawyers/
Does Sun Glare Excuse a Driver From Liability?
Usually, sun glare does not automatically excuse a driver from responsibility for a collision.
Drivers must respond reasonably to changing roadway and visibility conditions. When sunlight interferes with a driver’s ability to see traffic, pedestrians, signals, or other hazards, continuing at the same speed without adjusting to the reduced visibility may become relevant when fault is determined.
Reasonable precautions may include:
Reducing speed before entering an area with intense glare
Increasing the distance from the vehicle ahead
Using the vehicle’s sun visor
Keeping the windshield clean to reduce light scatter
Wearing appropriate sunglasses
Avoiding abrupt lane changes when visibility is reduced
Moving to a safe location when visibility becomes too limited to continue safely
The central question is not simply whether the sun was bright. The issue is whether the driver acted with reasonable care under the circumstances.
For example, a motorist traveling west into a low afternoon sun may have difficulty seeing stopped traffic ahead. If that driver continues at normal speed despite severely limited visibility and strikes another vehicle, the driver’s response to the glare may become an important part of the liability investigation.
Only Serving People, Never Companies
Founded in 1975, Christian & Christian has deep roots in the community.
Learn more about our attorneysHow Fault May Be Evaluated After a Sun Glare Crash
Sun glare crashes can lead to disputes about fault because a driver may argue that the collision could not have been avoided.
The investigation should focus on what the driver could see, what precautions were available, how much time the driver had to respond, and whether the driver’s conduct was reasonable under the conditions.
Evidence may include:
Photographs taken near the time of the crash
Dash-camera footage
Traffic-camera footage
Nearby surveillance video
Witness statements
Police observations
Vehicle damage
Skid marks or other roadway evidence
Vehicle event data when available
Final vehicle positions
Time of day
Direction of travel
Time and direction can be especially relevant because the sun’s position changes throughout the day. Evidence showing that a vehicle was traveling directly toward a low sun may support the conclusion that glare affected visibility, but that fact alone does not determine who was legally responsible.
A Greenville car accident lawyer can review the available evidence and determine how visibility conditions fit into the larger liability analysis.
https://www.cclawfirm.com/greenville-car-accident-lawyers/
Everyone there was very professional, knowledgeable, and friendly. My car was totaled, and I was a little intimidated talking with a couple of other lawyers in Greenville. But with Christian and Christian, not only did they answer my questions, but they did so in a way that made what could have been a hectic situation, easy. Overall, an excellent experience with high quality lawyers who truly go above and beyond and really try to get you the results or answers you need.
—Rob Young
I met Josh like 4 years ago when my Son was injured at Daycare. He was very concerned about the well being of my Child and Me. Very Understanding Professional and Just a great Staff. If You need a Lawyer that’s all about YOU this is the Place. I just closed a Case on 6/23/2021 from a injury on a Property. They handled everything because no one else would help Me. I’m forever grateful for Your hard Work and Time. Once again Thank You Josh and Sally.
—Rezillai Henderson
My husband was referred to this law firm from another lawyer after his mother passed away while residing in a nursing home. Matt took on his case and we are pleased with how everything turned out. It took a long, long time to finally settle, but it was worth the wait. The staff here is friendly and I’d be happy to recommend them to anyone needing legal assistance.
— Jen
I was referred to Harold by a family friend, and I couldn’t be happier. He took the time to listen to my case, answered all my questions and truly treated me like a friend not a client. His knowledge of medical malpractice is priceless he actually successfully won, one of the first medical malpractice cases in Greenville County.
— Lindsey
South Carolina Comparative Negligence Can Affect Compensation
South Carolina follows modified comparative negligence.
An injured person may generally recover damages when that person’s negligence is not greater than the negligence of the defendant. In a two-party negligence case, this generally means a person who is 50 percent or less at fault may still recover compensation, while a person whose fault exceeds 50 percent generally cannot recover from the other party.
Any recovery is reduced according to the injured person’s percentage of fault.
For example, if an injured driver has $100,000 in recoverable damages and is found 20 percent responsible for the collision, the damages attributed to the other party would generally be reduced by 20 percent.
Comparative negligence can be especially relevant in a sun glare accident when the evidence suggests that more than one person contributed to the collision.
Consider a driver traveling into strong morning glare who fails to reduce speed and strikes a vehicle that is stopped partly within the travel lane. The evidence may raise questions about the conduct of both drivers.
The percentage of fault would depend on the circumstances and supporting evidence. Sun glare alone does not determine the outcome.
Comparative fault can also become relevant in chain-reaction collisions involving multiple vehicles. Learn more about liability in multi-vehicle crashes:
https://www.cclawfirm.com/how-is-liability-determined-for-a-multi-vehicle-car-accident/
What Evidence Can Show That Sun Glare Was a Factor?
Sun glare changes quickly as the sun moves and vehicles travel along the roadway. Conditions observed later may look very different from conditions that existed at the moment of the collision.
For that reason, evidence gathered close to the time of the crash can be useful.
When it can be done safely, useful evidence may include:
Photos facing the direction each vehicle was traveling
Photos showing the roadway and surrounding conditions
Photos of traffic signals and signs
Photos showing nearby buildings, trees, overpasses, or other objects affecting sight lines
The exact time and location of the crash
Witness names and contact information
Dash-camera footage
Video from nearby businesses or homes
Traffic-camera footage when available
Photos of vehicle damage
Photos of debris and final vehicle positions
Notes about statements made by the other driver
A police report may document statements made at the scene. If a driver tells an officer that the sun prevented that driver from seeing another vehicle, traffic signal, pedestrian, or roadway hazard, the statement may become relevant evidence.
A driver’s statement about glare does not establish liability by itself. The statement should be considered with the physical evidence, witness accounts, vehicle positions, traffic conditions, and the driver’s actions before the collision.
Related Videos
Value of a Personal Injury Case
Choosing a Personal Injury Attorney
Can Windshield Condition Make Sun Glare Worse?
Windshield condition may also become relevant.
Dirt, haze, streaks, cracks, or residue on a windshield can scatter sunlight and make glare more difficult to see through. Worn windshield wipers can also leave streaks that affect visibility.
These conditions do not automatically establish negligence. They may become part of the investigation when determining why the driver had difficulty seeing and whether a visibility problem should have been recognized before the collision.
The investigation may consider:
Whether the windshield was dirty or heavily streaked
Whether cracks affected the driver’s field of view
Whether the windshield had interior haze or residue
Whether the sun visor was functional
Whether the driver took reasonable steps after visibility became limited
The relevant issue remains whether the driver exercised reasonable care under the circumstances.
Verdicts & Settlements
Common Sun Glare Accident Scenarios in Greenville
Sun glare can affect drivers throughout Greenville and nearby South Carolina communities, particularly near sunrise and sunset when the sun is lower in the sky.
Glare can create problems on highways, local streets, intersections, entrance ramps, and east-west stretches of roadway.
Common scenarios may include:
Rear-end crashes when a driver does not see stopped or slowing traffic
Intersection crashes when glare affects visibility of a traffic signal
Collisions when an approaching vehicle is difficult to see
Pedestrian crashes when glare interferes with a driver’s view of someone entering the roadway
Bicycle crashes involving reduced visibility
Lane-change crashes when surrounding traffic becomes difficult to see
Multi-vehicle crashes when one collision creates a roadway obstruction
Highway crashes where higher speeds leave less time to respond
Sun glare can also combine with distraction.
A driver looking at a phone, navigation display, vehicle controls, or another distraction may have less time to respond when sunlight suddenly affects visibility.
Learn more about distracted-driving accident claims:
https://www.cclawfirm.com/greenville-car-accident-lawyers/distracted-driving/
Sun glare may explain why a driver had difficulty seeing. It does not automatically explain why that driver continued without taking reasonable precautions.
What Should You Do After a Crash Involving Sun Glare?
Start with your safety and medical needs.
Call 911 when appropriate and move away from active traffic when you can do so safely. Seek medical attention if you are injured. Some injuries and symptoms may become more noticeable after the initial shock of the collision subsides.
You can also take steps to preserve evidence.
When conditions allow, consider the following:
Photograph the roadway
Photograph the direction each vehicle was traveling
Document visible sunlight or glare without placing yourself in danger
Record the exact crash time
Save dash-camera footage before it is overwritten
Ask witnesses for contact information
Photograph vehicle damage
Keep copies of medical records and bills
Save repair estimates and other accident-related records
Write down statements you remember hearing at the scene
When speaking with an insurance company, provide accurate information based on what you know. Avoid guessing about matters such as vehicle speed, visibility, stopping distance, or legal fault when you are uncertain.
A crash may involve several contributing factors. Sun glare should be evaluated as part of the entire collision rather than treated as the only explanation.
What Compensation May Be Available After a Sun Glare Accident?
If another person’s negligence caused your injuries, you may be able to seek compensation for legally recoverable losses.
Depending on the circumstances, damages may include:
Medical expenses
Lost income
Reduced earning capacity
Property damage
Pain and suffering
Future medical treatment
Other documented losses caused by the injury
The value of a car accident claim depends on its specific facts.
Factors may include the severity of the injuries, treatment needs, time away from work, available insurance coverage, evidence establishing liability, future medical needs, permanent limitations, and comparative negligence.
Learn more about factors that may affect the value of a car accident claim:
https://www.cclawfirm.com/greenville-car-accident-lawyers/car-accident-case-value/
How Long Do You Have to File a South Carolina Car Accident Lawsuit?
South Carolina Code Section 15-3-530 establishes a three-year limitations period for many actions involving injury to a person.
That does not mean every accident claim has the same deadline.
Different statutes, procedural rules, and notice requirements can apply depending on the parties involved and the circumstances of the claim. Claims involving government entities and some other situations may require different procedures or deadlines.
You should not use a general article to calculate the filing deadline for a specific case.
Waiting can also make a claim more difficult to investigate. Video may be overwritten, witnesses may become harder to locate, vehicles may be repaired, and roadway conditions may change.
How Can an Attorney Help With a Disputed Sun Glare Claim?
A sun glare accident may appear straightforward until the parties disagree about what each driver could see and what each person should have done.
An attorney can investigate the collision and evaluate evidence such as:
Police reports
Witness statements
Scene photographs
Dash-camera footage
Surveillance footage
Vehicle damage
Medical records
Insurance information
Electronic vehicle information when available
Roadway design
Sight lines
Time and direction of travel
When technical questions are significant, accident reconstruction or another qualified analysis may help examine speed, stopping distance, sight lines, impact locations, and the sequence of events.
An attorney can also communicate with insurers, evaluate comparative negligence arguments, document damages, and identify evidence that should be preserved.
The purpose of the investigation is to build a fact-based account of what occurred rather than relying solely on a driver’s statement that sunlight made the crash unavoidable.
For information about other injury claims in Greenville, visit:
https://www.cclawfirm.com/greenville-personal-injury-lawyers/
Speak With a Greenville Car Accident Attorney About a Sun Glare Crash
If you were injured in a Greenville, South Carolina, collision and another driver says sun glare caused the crash, Christian & Christian Law can review the circumstances and explain how South Carolina fault rules may apply.
Christian & Christian Law has served injured people since 1975 and follows a clear commitment: Only Serving People, Never Companies.
The firm offers free legal consultations for people injured in car accidents in Greenville and nearby South Carolina communities.
Call Christian & Christian Law at (864) 477-6611.
Contact the firm online:
https://www.cclawfirm.com/contact-us/
This article is for informational purposes only. It is not legal advice and does not create an attorney-client relationship. Consult an attorney about the facts, rights, and deadlines that apply to your situation.
