A Company Truck Hit a Teenage Bicyclist While Driving Into Sun Glare. Was This Negligence?
Based on a type of case handled by Florida attorney Juan Cordero — Florida Lawyer Since 1999.
Short Answer
Sun glare does not eliminate a driver's duty to operate safely. A collision investigation may examine whether speed, lookout, braking and driving choices were reasonable for the visibility conditions.
From a Case I Handled
I handled a wrongful-death matter involving a pest-control truck traveling into the setting sun. The truck struck a teenage bicyclist, who tragically died.
What I Look For
In a matter like this, I would investigate: scene reconstruction; sun angle/time; sight distance; speed; braking; vehicle data; phone evidence where lawfully available; driver statements; company training/policies; witnesses; video.
What This Case Teaches About Negligence
Visibility conditions are part of the driving environment; the investigation asks how a reasonable driver should have responded to them.
Sun glare is a foreseeable driving condition. A reasonable driver encountering severe sun glare has options: reduce speed, use sun visors, pull over, or take an alternate route. The failure to adjust driving behavior for known visibility limitations is the central negligence question.
Applicable Florida Law
Florida traffic law requires drivers to operate at a speed reasonable for existing conditions, including visibility limitations (Fla. Stat. § 316.183). Employers may be vicariously liable for employees' negligent driving during the course of employment (respondeat superior). Wrongful death claims are governed by Florida's Wrongful Death Act (Fla. Stat. § 768.16 et seq.). See also Fla. Stat. § 768.81.
What the Defense May Dispute
Depending on the facts, disputed issues may include whether a dangerous condition actually existed, who created or controlled it, notice, whether reasonable inspections were performed, whether the condition was open and obvious, comparative fault, causation, the nature and extent of injury, and damages. The applicable defenses vary by claim.
What to Do After a Similar Incident
Seek appropriate medical care; report the incident; preserve photographs or video if safely possible; identify witnesses; keep relevant receipts, clothing or physical evidence; avoid altering important evidence; and consider promptly requesting preservation of surveillance or other records that may be overwritten.
Frequently Asked Questions
Is a company liable for its driver's negligence?
Under the doctrine of respondeat superior, an employer may be vicariously liable for an employee's negligent driving during the course of employment. The company's training policies and the driver's work status at the time of the crash are relevant.
Does sun glare excuse a driver from liability?
No. Sun glare is a foreseeable driving condition. Florida law requires drivers to operate at a speed reasonable for existing conditions, including visibility limitations (Fla. Stat. § 316.183). A driver who continues at normal speed into severe sun glare may be negligent.
Who can bring a wrongful death claim in Florida?
Under Florida's Wrongful Death Act (Fla. Stat. § 768.16 et seq.), the personal representative of the deceased's estate brings the claim on behalf of the survivors. Eligible survivors include the spouse, children, and parents of the deceased.
Related Practice Areas & Resources
More Florida negligence analysis: Florida personal injury attorney Juan Cordero publishes additional real-world Florida negligence case scenarios — covering premises liability, slip and fall, negligent security, and wrongful death — at IsThisNegligence.com. Each scenario is analyzed under Florida law by Juan J. Cordero, Esq., a Florida personal injury lawyer since 1999.
Were You Injured in a Similar Situation?
Juan Cordero Lawyers can review the facts and explain what evidence may need to be investigated or preserved. Every case depends on its own facts and law, and past matters do not guarantee future results.
Florida Lawyer Since 1999 · Florida Bar No. 179728