Key Takeaways
- “The sun was in my eyes” is not an automatic defense under Georgia law
- Drivers still have a duty to drive safely, even with visibility issues
- Sun glare can actually increase a driver’s responsibility, not excuse negligence
- Pedestrians may still recover damages under Georgia’s comparative negligence rules
- Insurance companies often raise this argument to reduce or deny claims
- Strong evidence can defeat this defense and protect full compensation
What Drivers Mean by “The Sun Was in My Eyes”
After a pedestrian accident, drivers often claim they couldn’t see because of sun glare, especially during early morning or late afternoon hours. Insurance companies frequently repeat this explanation in an attempt to limit liability.
While sun glare can affect visibility, Georgia law does not treat it as a free pass. Instead, it raises an important question: Did the driver act reasonably under the circumstances?
A Driver’s Duty of Care to Pedestrians in Georgia
Under Georgia law, drivers have a legal duty to:
- Maintain a proper lookout
- Control their speed
- Adjust driving behavior to road and visibility conditions
- Yield to pedestrians where required
Pedestrians—especially those in crosswalks, intersections, or along roadways—are protected under Georgia traffic and negligence laws. If visibility is reduced due to sun glare, drivers are expected to slow down, stop if necessary, or take additional precautions.
Failing to do so can still constitute negligence.
Is Sun Glare a Valid Legal Defense?
In short: not by itself.
Georgia courts generally view sun glare as a foreseeable driving condition, similar to rain, fog, or darkness. Because it is foreseeable, drivers are expected to anticipate it and adjust accordingly.
A driver may still be found at fault if they:
- Continued driving at normal speed despite reduced visibility
- Failed to yield at a crosswalk or intersection
- Drove distracted while visibility was compromised
- Failed to brake or react appropriately
In many cases, claiming “the sun was in my eyes” actually supports a pedestrian’s argument that the driver should have been more cautious, not less.
How Georgia’s Comparative Negligence Law Applies
Georgia follows a modified comparative negligence system. This means:
- A pedestrian can recover damages if they are less than 50% at fault
- Compensation is reduced by the pedestrian’s percentage of fault, if any
Insurance companies may argue that a pedestrian shares blame—for example, by claiming the pedestrian stepped into traffic unexpectedly. Even if partial fault exists, the driver may still be primarily responsible.
Importantly, sun glare does not automatically shift fault to the pedestrian.
Evidence That Defeats the “Sun Glare” Argument
Strong evidence is critical in pedestrian accident cases. Helpful evidence may include:
- Traffic camera or surveillance footage
- Dashcam video
- Witness statements
- Accident reconstruction analysis
- Vehicle speed and braking data
- Sun position and time-of-day analysis
- Police reports and citations
This evidence can show whether the driver had enough time to stop, whether they were speeding, or whether they failed to yield—regardless of glare.
Why Insurance Companies Rely on This Defense
Insurance companies frequently raise the sun-glare argument because it:
- Sounds reasonable to juries and adjusters
- Shifts focus away from driver behavior
- Suggests the crash was “unavoidable”
In reality, many pedestrian crashes are preventable. The defense is often used to minimize payouts, especially in cases involving serious injuries, long-term care, or wrongful death.
An experienced legal approach can expose this argument for what it often is: an excuse, not a justification.
Getting Help After a Pedestrian Accident
Pedestrian accidents often result in severe injuries, extensive medical bills, and long recovery periods. These cases require careful handling—especially when insurers raise visibility-related defenses.
The Law Offices of Matthew C. Hines represents injured pedestrians throughout Georgia, with offices in Atlanta, Austell, Gainesville, Jonesboro, Marietta, and Dalton. Our statewide reach allows us to combine local knowledge with aggressive advocacy.
Protect Your Right to Compensation
If you were injured as a pedestrian and the driver or insurance company claims “the sun was in my eyes,” you should not assume your case is weak. Georgia law does not excuse careless driving simply because visibility was reduced.
Call the Law Offices of Matthew C. Hines at 404-226-4236
We can evaluate the facts, challenge improper defenses, and fight for the compensation you deserve after a pedestrian accident.