On Monday evening, two people were seriously injured in Temecula when they were struck by a car who may have been distracted by the glare of the setting sun. According to the Press Enterprise, the driver of a Toyota Matrix was driving downhill on westbound Pauba Road just before 6:00 p.m. when she struck two pedestrians who were walking in a shaded bike lane. The driver claimed she was adjusting for the direct sunlight in her line of sight as she approached Elinda Road and somehow drifted into the bike lane, striking the pedestrians. One of the victims was thrown by the impact and suffered major injuries. The other pedestrian was hit by the side of the vehicle and suffered moderate injuries. Both of the women were hospitalized for their injuries.
The Accident Scene and The Law
The area of Pauba Road near its intersection with Elinda Road is in a residential area, with a slight curve and trees lining the roadway. Actually, as a driver is heading westbound on Pauba, the route is uphill which might worsen the sun's glare. While the sun could distract the driver, it is always the obligation of any motor vehicle operator to maintain their vehicle within the travel lane. In fact, California statutory law makes it illegal to leave a travel lane until such movement can be made with "reasonable safety". The fact that the setting sun may have distracted the driver of the Toyota is no excuse under the law.
Sun Glare Issues
There is little doubt that motor vehicle drivers can be at least temporarily distracted or even blinded by sun glare, contributing to accidents. However, every driver is expected to understand and account for this risk, particularly when they are operating their vehicle at sunrise or sunset. There are steps drivers can take to minimize the risk of a sun-related or glare-related accident. If a driver fails to take reasonable precautions while behind the wheel, it is no different than when a driver allows a cell phone to become a distraction.
If you or a family member have been injured or killed by a distracted driver, a seasoned personal injury attorney with auto accident experience can help. You should always make an informed decision about bringing a claim after an accident has changed your life.
SOURCE: TEMECULA: Sun glare may have caused injury crash, the Press Enterprise, March 12, 2013, by John Asbury
The Accident Scene and The Law
The area of Pauba Road near its intersection with Elinda Road is in a residential area, with a slight curve and trees lining the roadway. Actually, as a driver is heading westbound on Pauba, the route is uphill which might worsen the sun's glare. While the sun could distract the driver, it is always the obligation of any motor vehicle operator to maintain their vehicle within the travel lane. In fact, California statutory law makes it illegal to leave a travel lane until such movement can be made with "reasonable safety". The fact that the setting sun may have distracted the driver of the Toyota is no excuse under the law.
Sun Glare Issues
There is little doubt that motor vehicle drivers can be at least temporarily distracted or even blinded by sun glare, contributing to accidents. However, every driver is expected to understand and account for this risk, particularly when they are operating their vehicle at sunrise or sunset. There are steps drivers can take to minimize the risk of a sun-related or glare-related accident. If a driver fails to take reasonable precautions while behind the wheel, it is no different than when a driver allows a cell phone to become a distraction.
If you or a family member have been injured or killed by a distracted driver, a seasoned personal injury attorney with auto accident experience can help. You should always make an informed decision about bringing a claim after an accident has changed your life.
SOURCE: TEMECULA: Sun glare may have caused injury crash, the Press Enterprise, March 12, 2013, by John Asbury
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