Sun glare is a well-known hazard for drivers. In a split second, bright sunlight can render a driver temporarily unable to see, making it difficult to react to hazards on the road. However, when a collision occurs under these circumstances, the driver may still face serious legal consequences.
Two cases illustrate how a driver’s actions after an accident can significantly impact the legal outcome.
Case 1: A statement at the scene leads to trial
In the first case, a driver struck a cyclist after being temporarily blinded by the sun. When speaking to the police at the scene, they stated:
"I couldn’t see anything, the sun was so bright. It had been like that for ages. I couldn’t see where I was going."
This initial statement became a focal point of the prosecution’s case. The phrase "for ages" was repeatedly referenced in court to argue that the driver had been aware of the dangerous conditions but continued driving regardless. The prosecution suggested that if the driver had been unable to see for a prolonged period, they should have slowed down or stopped entirely.
Two years after the accident, the case went to trial. When the evidence was thoroughly examined, it became clear that the driver had not been blinded for ages, but was suddenly affected by the sun’s glare just before the collision. There had been no opportunity to stop or reduce speed. Based on this, the court ultimately determined that the driver’s actions were not careless, and they were acquitted. However, the stress and uncertainty of facing trial for two years could not be undone.
Case 2: Legal advice prevents a prosecution
In contrast, in a second case involving almost identical circumstances, the driver sought immediate legal advice from LMP Legal before speaking to the police.
The driver was advised of their legal rights and responsibilities.
They were assured that they were not obligated to provide a statement at the roadside without legal representation.
They were later invited to attend a voluntary police interview under caution, allowing them time to prepare.
Prior to the interview, LMP Legal worked closely with the driver to prepare a statement that accurately set out the facts, ensuring their position was clearly presented. Following this, the police reviewed the evidence and decided that no further action would be taken. Within weeks of the accident, the driver was no longer under investigation, avoiding the stress and uncertainty of court proceedings.
What can a driver be charged with if an accident happens?
If a motorist hits someone while blinded by the sun, they could face various charges depending on the circumstances of the collision, the level of fault attributed to the driver, and the severity of any injuries caused.
1. Careless driving (Driving without due care and attention) – Section 3, Road Traffic Act 1988
A driver may be charged with careless driving if their standard of driving falls below what would be expected of a competent and careful driver. The prosecution would argue that even though the driver was momentarily blinded, they should have adjusted their driving—such as slowing down or stopping—to account for the conditions.
Penalties:
A fine
Between 3 to 9 penalty points
A discretionary driving disqualification
2. Dangerous driving – Section 2, Road Traffic Act 1988
A more serious charge of dangerous driving may be brought if the standard of driving is considered to be far below that of a careful and competent driver, and if driving in bright sunlight without adjusting speed or taking precautions is seen as a clear danger.
Penalties:
An unlimited fine
A minimum 12-month driving disqualification
A mandatory extended driving test before regaining a licence
Up to 2 years’ imprisonment
3. Causing serious injury by careless or dangerous driving
If the collision results in serious injury to a pedestrian or cyclist, the driver could face one of the following charges:
Causing serious injury by careless driving (Section 2C, Road Traffic Act 1988) – A recently introduced offence that applies where serious injury is caused by driving that was merely careless rather than dangerous.
Causing serious injury by dangerous driving (Section 1A, Road Traffic Act 1988) – Applies where a person suffers serious injuries due to dangerous driving.
Penalties:
For careless driving causing serious injury: Up to 2 years' imprisonment, a fine, and disqualification.
For dangerous driving causing serious injury: Up to 5 years' imprisonment, an unlimited fine, and mandatory disqualification.
4. Causing death by careless or dangerous driving
If the collision results in a fatality, the driver may face causing death by careless driving or causing death by dangerous driving, which carry significantly more severe penalties.
Penalties:
Causing death by careless driving – Up to 5 years in prison and a driving ban.
Causing death by dangerous driving – Up to life imprisonment, a mandatory disqualification, and an extended retest requirement.
The stress of going to trial
For those accused of careless or dangerous driving, the prospect of a criminal trial can be overwhelming. The legal process is lengthy, complex, and emotionally exhausting—not just for the driver but for their family as well.
A case that takes years to reach court can have lasting effects, from reputational damage to financial strain and emotional distress. In contrast, obtaining legal advice immediately after an incident can make a significant difference. Where cases can be resolved early—sometimes within weeks—the relief is immeasurable.
The importance of immediate legal advice
The most valuable resource in the aftermath of an accident is access to expert legal advice. Speaking to the police without legal guidance can lead to statements that may later be used against you.
At LMP Legal, we provide 24/7 specialist support to drivers involved in accidents, ensuring they fully understand their rights and responsibilities before making any statements.
If you or your business require expert legal protection in the event of a road traffic incident, contact LMP Legal today to find out how we can support you.
Disclaimer
The case studies presented on this website are based on real events; however, they have been adapted for confidentiality and should be considered illustrative only. Any identifiable information has been shared with the full knowledge and consent of our clients. These case studies are intended to provide general legal insights and do not constitute legal advice. If you require legal assistance for a specific matter, please contact LMP Legal directly.
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