Who Is Liable When Poor Visibility Causes a Pedestrian Accident?

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Who Is Liable When Poor Visibility Causes a Pedestrian Accident?


Poor visibility is something most Atlanta drivers only think about when it is dark, raining, or snowing.  Yes, darkness and bad weather do reduce visibility, but what about clear sunny days?  The sun can be deadly and not just because of ultraviolet radiation.  When sun hits a windshield at a low angle, the driver's ability to see can be significantly affected.  This greatly increases the chance of being involved in a pedestrian accident or car accident.

When the bright sun shines on a windshield, the light washes out the image on the retina with a bright, spot or pattern. Most drivers deal with glare by pulling down the windshield visor, shading their eyes, putting on sunglasses, or squinting.  But they keep driving despite the reduced visibility.  

How to Prevent a Car Accident in Poor Visibility 

How can you prevent a car accident due to poor visibility caused by the sun? 

You can do the following: 

  1. Sun glare accidents are most common during sunset and sunrise. If you are driving west during sunset or east during sunrise, try leaving twenty minutes earlier or later to avoid the glare. Or change your route.
  2. Darker colored dashboards minimize glare, reflection, and veiling glare. This makes it easier for drivers to see cars, pedestrians, and other obstacles.
  3. Don't polish your dashboard with shiny cleaners. These will increase glare and make it more difficult for you to see.
  4. Wear sunglasses with polarized lenses.
  5. Keep your windshield clean.

It is the driver's responsibility to watch for pedestrians even when the sun is bright. If a driver does not see a pedestrian because he has not planned for low visibility, the driver may be considered negligent if an accident occurs. In this case, the driver may be liable for the pedestrian's medical expenses and other damages.

Schedule Your Complimentary Initial Consultation Today

If you are a victim of a pedestrian accident, you have the right to seek compensation for your injuries.  Shane Smith Law will stop at nothing to help you pursue the full payment of damages incurred.


Call us at (980) 246-2656 or fill out our online form


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