Hurt in a New Mexico Car Accident Because Sun in Defendant’s Eyes: Who is Liable?


July 13, 2016

 by Caruso Law Offices, P.C. | 

Who is Liable When One Driver Has Sun in His Eyes and Causes a New Mexico Car Accident?

While nighttime driving is certainly more dangerous than driving during the day, in New Mexico the bright sun can certainly become a contributing factor to a motor vehicle accident.  Indeed, sun glare and bright sun can affect a motorist’s vision while driving.  This is particularly true when looking directly into the sunshine while driving, when when the strong sunshine creates confusing shadows.  This can make driving more dangerous and lead to deadly results.

If you or a loved one were injured in a New Mexico car accident caused by a driver who claims the sun was in his or her eyes, contact the experienced New Mexico car accident attorneys at the Mark Caruso by calling (505) 308-1556 for a FREE case evaluation.  We know how to investigate your claim and ensure that you receive the compensation you are entitled to for the other driver’s negligence.  Call us today to learn how we can protect your rights, pay for your medical bills, lost wages, and your pain and suffering.

Sunshine is Not a Defense in New Mexico Car Accidents

While it may sound like a good defense to a New Mexico car accident, and it can be a common occurrence, it is not a valid excuse.  Motorists owe others on or near the roadway a duty of care.  Part of this duty of care is to exercise a reasonable degree of caution.  This includes seeing what there is to be seen when driving.

If a motorist cannot see where he or she is going because there is sun in his or her eyes, a motorist cannot blindly plow forward on the roadway.  The motorist needs to abate the condition, such as using sun protection like sunglasses or the visor.  Or the motorist needs to stop driving forward until the condition passes.  This may be difficult or inadvisable to do, thus the motorist should proceed with caution as only to what he or she can see.

Therefore, a motorist who cannot see, the sun is in his or her eyes, or there is sun glare on the windshield, may be liable for causing a New Mexico car accident.  This includes any damages caused by the car accident, including personal injuries, pain and suffering, and property damage.

Contact our Experienced New Mexico Car Accident Attorneys if the Defendant Claims Sun or Sun Glare as a Defense to Your Car Accident

If you or a loved one has been injured in a New Mexico car accident caused by bright sun or sun glare, call the experienced New Mexico car accident attorneys at the Mark Caruso today by dialing (505) 308-1556  You can also contact us on our website through the easy to use and convenient Contact box located by clicking here.

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