Not noticing brake lights due to glare from the sun or headlights. in California personal injury case

If a driver in California fails to notice brake lights due to glare from the sun or oncoming headlights and causes a rear-end collision, they may still be held liable for negligence in a personal injury case, despite the visual obstruction. Here’s a breakdown of how the law applies:


⚖️ Legal Basis: Negligence Despite Visual Impairments

1. Duty of Care

California drivers are legally obligated to:

  • Maintain a safe following distance (CVC § 21703)
  • Operate vehicles with reasonable care considering road, weather, and visibility conditions

2. Glare Does Not Excuse Fault

While sun glare or headlight glare can contribute to poor visibility, courts rarely accept it as a full defense to liability. Drivers are expected to adjust behavior accordingly—such as:

  • Slowing down
  • Increasing following distance
  • Using sun visors or polarized glasses

Failing to do so is a breach of duty.

3. Causation

If the driver rear-ends another because they couldn’t see brake lights due to glare but were following too closely or not paying attention, they are typically at fault.


📄 Supporting Evidence

  • Police report documenting weather or lighting conditions
  • Photos of the scene (sun position, time of day)
  • Dashcam footage showing sun/headlight glare
  • Eyewitness accounts about traffic flow and driver behavior
  • Expert testimony on visibility and stopping distances

💥 Liability

California uses pure comparative negligence:

  • If the following driver is mostly at fault (e.g., driving too fast in sun glare), they can be held liable.
  • If the lead driver had non-functioning brake lights, they might share partial fault.

💰 Damages Available

If you’re injured due to another driver not adjusting to glare, you can claim:

  • Medical expenses
  • Lost wages
  • Pain and suffering
  • Property damage
  • Emotional distress

⏳ Statute of Limitations

  • 2 years for personal injury (Cal. Code Civ. Proc. § 335.1)

✅ What to Do After a Glare-Related Rear-End Crash

  1. Seek medical attention
  2. Call police and get an official report
  3. Document glare conditions with photos and time of day
  4. Preserve dashcam footage, if available
  5. Speak to a personal injury attorney, especially if injuries are significant

Law Offices of James R. Dickinson – 909-848-8448

How To Schedule A Consultation:

Please call us at 909-848-8448 to schedule a free consultation/case evaluation or complete the form immediately below. [Please note certain formalities must be completed to retain the Law Offices of James R. Dickinson, such as the signing of a legal fee agreement [see “Disclaimers”]].

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