The glare of the setting sun is no excuse for not exercising reasonable care according to the New York Court of Appeals - the state's highest court.
At approximately 4 pm on a February afternoon in 2000, a Syracuse man made a left turn onto a road headed west. As he made the turn, glare from the sun temporarily blinded him. Tragically, the sudden blindness prevented him from seeing a pedestrian, whom he struck and killed. In his defense, the driver claimed that the glare caused an emergency situation that would excuse any negligence in the car accident.
According to New York case-law, the emergency doctrine states that drivers are not negligent when a "sudden and unexpected circumstance", which is not caused by the driver's own actions, arises and causes the driver to "make a speedy decision without weighing alternative courses of conduct".
In its opinion the court noted that the sun glare may cause an emergency situation in some circumstances; however, the majority said that the emergency doctrine did not apply in this case. Stating that it is "well known" that the sun will "interfere with one's vision as it nears the horizon at sunset" and therefore it is not "a sudden and unexpected circumstance."
The New York Court of Appeals' decision in this case will make it very difficult for drivers who are involved in accidents at sunset to avoid responsibility due to glare. For people injured in accidents due to glare, especially pedestrians, this decision will help ensure that they are able to seek fair compensation for the personal injuries that they suffer.
Injuries sustained in car accidents are often serious and may result in expensive medical bills or rehabilitation costs. An experienced Rochester car crash attorney can help you hold responsible parties accountable for their negligence.
