Is the Other Driver Negligent If They Were Blinded by the Sun?

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It's Personal: A Personal Injury Law Collection When you're badly injured, the last thing you want to think about is filling out paperwork, searching for an attorney, or trying to gather evidence. Yet, these steps are necessary if you want to collect the compensation you deserve due to someone else's negligence. The more you know about personal injury cases and hiring an attorney, the less stressful this time will be. We've created this website to offer basic personal injury law advice for anyone who has been injured or who may become injured in the future. Keep in mind that if you've been injured in a car accident, due to medical neglect, or even by slipping in someone else's parking lot, your case qualifies a personal injury case — and thus you'll find our collection of articles relevant.

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A car might hit your vehicle unexpectedly. After the accident, you might wonder why the motorist didn't see you and struck your vehicle. After a brief conversation with the motorist, you discover that they were blinded by the glare of the sun and were unable to see you. At this point, you might wonder if you are entitled to compensation for your injuries.

How Negligence Works

Typically, after a car accident, one party is considered to be negligent. Sometimes, both parties are at fault. In other cases, neither party is at fault and the accident is viewed as an uncontrollable act of nature. To be able to determine who is likely to be considered negligent in any particular case, it's important to consult with an auto accident attorney.

Duty of Care

A party is considered negligent when they are not as careful as they are expected to be. Motorists are expected to follow the law while operating a vehicle and are also expected to be cautious. When a driver is found to not be cautious, they might be responsible for paying for the financial expenses you have incurred as a result of the accident. This is usually paid for through an auto accident liability insurance policy.

Auto Accidents are Complicated

Car accidents can be very complicated and there are many factors that can influence the accident. Your car accident might have been caused by the sun's glare, construction, poor road conditions, and many other factors. You will be going over these factors with your auto accident attorney. 

A Driver Is Still at Fault When Blinded by the Sun

If there weren't any other factors involved, the driver blinded by the sun's glare will likely be considered at fault for the accident. This means that you will be able to seek compensation for the damages you have suffered once you have determined what all of these damages are.

Your case will most likely be settled out of court rather than being resolved through a lawsuit. This is because lawsuits are expensive and time-consuming. Your attorney will write a demand letter that will include all of the damages that you have suffered, such as the damage done to your vehicle, medical bills, lost wages, and pain and suffering. This might require a back-and-forth negotiation between your attorney and the insurance provider. The initial offer that you will be given will be much less than your case is worth, but further negotiations can lead to a larger settlement.

Reach out to an auto accident attorney to find out more.

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