Sun Glare Car Accidents in Las Vegas: “The Sun Was in My Eyes” Is an Excuse, Not a Defense

Published Jan. 15, 2021 • Last updated Oct. 23, 2026 • Reflects Nevada and California law, federal crash data and published research as of this date.
The short answer: Sun glare rarely gets a driver off the hook. Nevada makes it illegal to drive faster than is reasonable for the traffic, weather and other highway conditions (NRS 484B.600), and California’s basic speed law names visibility outright (Cal. Veh. Code § 22350). A driver who can’t see the road is expected to slow down or stop, not keep rolling and hope. The catch: glare cases are won or lost on evidence. In Nevada’s leading sun glare case, an injured child’s family lost because nobody proved what the glare actually did to the driver’s view.
Key takeaways
- Glare is a road condition, not an excuse. Nevada drivers must match their speed to conditions (NRS 484B.600) and keep a reasonable following distance (NRS 484B.127).
- “I didn’t see them” is an admission. Nevada drivers must use due care to avoid hitting pedestrians (NRS 484B.280).
- The danger is measurable. Glare is the second-most common environment-related critical reason in NHTSA’s national crash causation survey (NHTSA).
- Evidence decides these cases. Time, heading, sun position and video turn “the sun did it” into proof.
- The clock is running. You generally have two years to file an injury lawsuit in Nevada (NRS 11.190) and in California (Cal. Code Civ. Proc. § 335.1).
Why sun glare is so dangerous
When a low sun sits close to your line of sight, brake lights, signals and people on foot can disappear. The Dutch road safety research institute SWOV reports the problem is worst when the sun is within about 20 degrees of the driver’s line of sight, roughly the hour after sunrise and the hour before sunset, and that the effect is strongest in fall, winter and spring (SWOV).
The research is consistent:
- It’s a recognized crash cause. In NHTSA’s National Motor Vehicle Crash Causation Survey, the environment was the critical reason in about 2% of an estimated 2.2 million crashes. Glare accounted for about 17% of those, second only to slick roads. The same survey assigned the critical reason to the driver in 94% of crashes, though NHTSA notes a critical reason is not a finding of fault (NHTSA).
- Bright days tempt speed. A study of patients at Canada’s largest trauma center found the risk of a life-threatening crash was 16% higher in bright sunlight than in normal weather. Researchers suspect bright light makes speed feel slower (Redelmeier and Raza, Medicine, 2017).
- Intersections take the hit. Research summarized by SWOV found low sun increased crashes about 30% in Edmonton, Canada, and was linked to more rear-end and side-impact crashes at Tucson, Arizona, intersections (SWOV).
- People on foot pay the most. A national study of 100,411 pedestrian crashes in Taiwan found 2.46% of pedestrians in glare-related crashes were killed, compared with 1.83% in other crashes, with the sunset hours especially deadly (BMJ Open, 2019).
Takeaway: Glare hits hardest at commute hours, at intersections and on people on foot.
Why Las Vegas drivers get blinded every fall
The valley’s busiest surface streets are laid out on an east-west, north-south grid. In early November, the sun rises and sets less than 20 degrees off due east and due west (timeanddate), straight down the lanes of Charleston, Sahara, Flamingo and Tropicana.
Then the clocks change. Daylight saving time ends Sunday, Nov. 1, 2026, and sunrise and sunset move about an hour earlier (timeanddate). Sunset lands before 5 p.m., right on top of the evening commute.
In March 2024, police said glare from the setting sun was likely a contributing factor when a pickup traveling westbound on Shelbourne Avenue hit and killed a 56-year-old woman walking her dog in the same direction (KTNV).
Is sun glare a defense to a car accident in Nevada?
Rarely, and never automatically. Nevada’s basic speed rule makes it unlawful to drive faster than is reasonable or proper for the traffic, surface, weather and “other highway conditions” (NRS 484B.600). The posted limit is a ceiling. If the sun takes your view, the safe speed drops.
What Johnson v. Brown actually says
You’ll still see a 1961 Nevada Supreme Court case, Johnson v. Brown, cited as proof that glare is a defense. Here’s what it actually held. A 5½-year-old boy ran across West Charleston Boulevard in the middle of the block, with no crosswalk nearby, and was hit by a driver going 20 to 25 mph about 10 minutes before sunset on a July evening. The driver was heading away from the sun but said glare bouncing off parked and oncoming cars made it hard to see. He never saw the boy before impact.
The trial court dismissed the case, and the Supreme Court affirmed. But the court did not say glare excuses drivers. It said the family offered no evidence that the glare blocked the driver’s view of the road ahead or that a careful driver would have slowed down, and that negligence can’t be built on speculation. The court also found the driver had no reason to expect a child to dart out mid-block.
The Sam & Ash take: That family didn’t lose because the sun is a defense. They lost because nobody proved what the sun did. We start there: where the sun sat at the exact minute and heading of the crash, what the cameras caught, what the vehicle data shows and what the driver admitted at the scene.
When sun glare becomes negligence
These are the facts that turn a glare excuse into a liability case:
- No slowdown. The driver kept the posted speed while they couldn’t see (NRS 484B.600).
- Tailgating into the sun. The driver followed too closely to react to brake lights they could barely see (NRS 484B.127).
- Turning or crossing blind. Canadian research cited in a 2019 study links glare to signal violations, failures to yield to pedestrians and cyclists, and improper turns (BMJ Open). Turning left into a sun you can’t see past is a choice, not an accident.
- Missing a pedestrian. Drivers must use due care to avoid people on foot and proper caution when they see one near the road (NRS 484B.280).
- A car that couldn’t fight glare. A filthy or cracked windshield, an unused visor or illegal tint. Nevada requires front side windows to let in at least 35% of light and allows windshield tint only at the very top (NRS 484D.440).
How fault gets split in Nevada & California
Expect the insurer to flip the script: you were the one squinting, or the pedestrian stepped out.
- Nevada uses modified comparative negligence. You can recover if your share of fault isn’t greater than the other side’s, and your award shrinks by your percentage (NRS 41.141).
- California uses pure comparative negligence. You can recover even if you were mostly at fault, reduced by your share (Li v. Yellow Cab Co.).
Either way, every point of fault they pin on you lowers the check. Don’t argue sun angles with an adjuster on a recorded call.
How to protect yourself from sun glare
You can’t move the sun, but you can blunt it:
- Clean the windshield inside and out. Interior haze lights up in low sun.
- Keep polarized sunglasses handy and use the visor.
- Slow down and add space.
- Turn your headlights on so drivers facing the sun can see you.
- On foot, face traffic. In the Taiwan study, walking against traffic was linked to less severe injuries (BMJ Open).
8 steps to take after a sun glare crash
- Get safe and call 911. If police don’t investigate and someone is hurt or damage tops $750, you must file an SR-1 report with the Nevada DMV within 10 days. Our police report guide walks you through it.
- Get medical care today. Adrenaline hides injuries, and treatment gaps hurt claims.
- Note the exact time and both drivers’ directions of travel.
- Write down what the other driver says. “The sun was in my eyes” and “I never saw you” belong in the police report.
- Photograph their windshield, visor and windows. Dirt, cracks and dark tint vanish after a wash or repair.
- Find the cameras and witnesses. Businesses, rideshare drivers and anyone with a dashcam. Our dashcam guide explains why yours matters.
- Don’t give a recorded statement to the other driver’s insurer, and don’t guess about speed, glare or who saw what.
- Call a lawyer early so the video and vehicle data are preserved before they’re gone.
Frequently Asked Questions
Is sun glare a valid defense for a car accident in Nevada?
Rarely. Nevada requires drivers to keep their speed reasonable for traffic, weather and other highway conditions, and low sun is a predictable condition. A driver blinded by glare is expected to slow down or stop. Glare claims fail when the injured person can’t show the driver did anything careless, which is why evidence matters.
Who is at fault if a driver blinded by the sun hits me?
Usually the driver who kept going without being able to see. If they didn’t slow down, followed too closely, turned without a clear view or failed to watch for pedestrians, they can be held responsible. If you share some fault, your recovery is reduced by your percentage.
What if the sun blinded me and I caused the crash?
You may share the blame, because the same duty to slow down applies to you. If another driver was also careless, Nevada still lets you recover if your share isn’t greater than theirs; California lets you recover minus your share.
Can a pedestrian or bicyclist recover after a driver blinded by the sun hits them?
Yes, in many cases. Nevada drivers must use due care to avoid pedestrians and take proper caution when they see one near the road. Expect the insurer to question where they were crossing; video and witnesses often answer it.
When is sun glare worst in Las Vegas?
Roughly the hour after sunrise and the hour before sunset, especially in fall, winter and spring, on east-west streets. After daylight saving time ends Nov. 1, 2026, sunset falls before 5 p.m., during the evening commute.
How long do I have to file a sun glare accident claim in Nevada or California?
Generally two years from the crash to file an injury lawsuit in both states. Nevada gives three years for property damage. Video and vehicle data can disappear in days.
Blamed on the sun? Talk to Las Vegas car accident lawyers who prove what really happened.
When a driver blames the sun, the insurer is betting you’ll accept that nobody’s at fault. We don’t. We pull the sun data, chase the video and make them explain why their driver kept going blind. Whether your case is worth $15,000 or $1.5 million, you get the same fight. The first conversation is free, and you pay nothing unless we win.
Nevada: 702-820-1234 · California: 949-304-2000 · Request a free case review
The sun goes down every night. Responsibility doesn’t.
This article is general information, not legal advice, and reflects Nevada and California law and published data as of Oct. 23, 2026. Every case depends on its own facts. Reading this does not create an attorney-client relationship.
Sources
- Nevada Revised Statutes, Chapter 484B (NRS 484B.127, 484B.280, 484B.600)
- NRS 484D.440 (window tint)
- NRS 41.141 (comparative negligence)
- NRS 11.190 (filing deadlines)
- California Vehicle Code § 22350 (basic speed law)
- California Code of Civil Procedure § 335.1
- Johnson v. Brown, 77 Nev. 61, 359 P.2d 80 (1961)
- Li v. Yellow Cab Co., 13 Cal.3d 804 (1975)
- NHTSA, Critical Reasons for Crashes Investigated in the National Motor Vehicle Crash Causation Survey (DOT HS 812 115, 2015)
- Redelmeier DA, Raza S. Life-threatening motor vehicle crashes in bright sunlight. Medicine, 2017
- Ma H-P et al. Population-based case–control study of the effect of sun glare on pedestrian fatalities in Taiwan. BMJ Open, 2019
- SWOV Institute for Road Safety Research, Weather 9: What effect does low sun have?
- timeanddate, Time Change 2026 in Nevada
- timeanddate, Sun in Las Vegas area, November
- KTNV, Las Vegas police: Glare from setting sun contributed to fatal crash (March 14, 2024)


