I was riding bicycle with traffic at t intersection driver made left and hit me said sun was in her eyes

Asked 9 months ago - Poughkeepsie, NY

i was knocked unconscious and injured badly. other driver is atty. stated she could not see me due to sun glare no summons issued as of yet

Attorney answers (17)

  1. Jeffrey Mark Adams

    Contributor Level 20

    11

    Lawyers agree

    Answered . Sorry for your injuries. Based upon these facts, in my view, the driver is 100% at fault. Please do not speak with this drivers insurance company. They will only try to manipulate or contort the facts. All the best. Jeff.

    Personal injury cases only; I'm good at it; you be the Judge! All information provided is for informational and... more
  2. Carol Lynn Schlitt

    Pro

    Contributor Level 12

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    Best Answer
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    Answered . I hope you are okay and are able to make a full and fast recovery.
    Based on your brief description, you have the basis for a claim against the other driver. Make sure you notify the insurance company for the other driver that you want No Fault coverage. No Fault will pay for your lost wages, medical expenses and related expenses.

    You may have a claim for additional damages beyond No Fault. Sun glare is not a valid defense. In the case of Lifson v. City of Syracuse, the New York Court of Appeals determined that glare from the setting sun should be anticipated by a driver and cannot be used as an excuse for striking a pedestrian. [removed]

    The Schlitt Law Firm and Carol L. Schlitt provide answers for informational purposes only. If this answer is... more
  3. Daniel Nelson Deasy

    Contributor Level 20

    11

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    Answered . Assuming you have taken care of your physical needs at this point, hire yourself a personal injury attorney on MONDAY!! Do not talk to anyone before you get that done -- to include the insurance carrier for the driver that hit you!

    In no way am I offering you legal advice, and in no way has my comment created an attorney-client relationship.... more
  4. Eric Edward Rothstein

    Contributor Level 20

    9

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    Answered . You should see a doctor and consult with a personal injury lawyer asap.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 17 years. I was... more
  5. Yefim Rubinov

    Contributor Level 17

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    Answered . Get a lawyer and seek medical attention. At least she was honest

  6. Ryan M. Finn

    Pro

    Contributor Level 13

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    Answered . [removed] If sun glare was so bad that the driver could not see then she certainly should not have proceeded driving the car. Liability in this situation is clear. The only issue will be whether you sustained a serious injury under the law and the permanency of your injuries. Best of luck.

    PLEASE READ THIS DISCLAIMER * I very much like to offer my advice and guidance to those in need. It is why... more
  7. Michael David Myers

    Pro

    Contributor Level 17

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    Answered . We just resolved a case where the driver asserted that the sun was in her eyes. Under Washington law--and I suspect the law of most states--this is not a defense.

  8. Rafael Omar Gomez

    Contributor Level 10

    6

    Lawyers agree

    Answered . The lack of summons does not mean you do not have any legal recourse. Based on what you have described it sounds like you have a legitimate case and you should retain counsel as soon as possible. Our office provides free legal consultations, as do most personal injury attorneys. There are a variety of time frames that come into play so if you would like to pursue this you should do so quickly. [removed]

  9. Michael J Palumbo

    Pro

    Contributor Level 19

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    Answered . [removed]

  10. Steven Miller

    Contributor Level 10

    3

    Lawyers agree

    Answered . See an attorney asap

    This answer is not intended as legal advice, nor as a substitute for legal advice received from an attorney during... more
  11. James Joseph Cupero

    Pro

    Contributor Level 9

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    Answered . Consult a personal injury lawyer in your area right away.

  12. Christian K. Lassen II

    Pro

    Contributor Level 20

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    Answered . Then get a Poughkeepsie personal injury lawyer asap to pursue a claim

  13. Jeffrey Ira Schwimmer

    Contributor Level 19

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    Answered . In NY, the courts have repeatedly held that a claim of 'failure to see due to sun glare" is not an acceptable defense in almost any instance for being involved in an accident. That is because the law requires each driver to operate his/her vehicle in a reasonable manner under the circumstances then prevailing. As such, if there is a condition that affects the ability to see, one most be more cautious before proceeding to turn, than usual. The fact that a summons was not issued, or at least not yet, does not diminish any claim you have. As this happened in NY, you should file a No-Fault claim with the woman's auto insurance carrier [and if you owned a car as well I would also file a no-fault claim with your own carrier for protective purposes]., so as to get the hospital bill and any additional medical bills had or that will be had, paid. GET YEE TO A PERSONAL INJURY ATTORNEY IMMEDIATELY and without delay. Not only does the no-fault application have to be filed within 30 days of the accident or you can lose no-fault benefits, but there are other things the attorney can do right away that will protect your rights.

  14. Abraham Jaros

    Contributor Level 8

    2

    Lawyers agree

    Answered . I suggest that you contact an experienced personal injury attorney so that they can evaluate your case. Most personal injury attorneys will provide a free consultation. You do sound like you have a good case to recover for your injuries.

    The information you obtain at this site is not, nor is it intended to be, legal advice. You should consult an... more
  15. Mitchell Jan Birzon

    Pro

    Contributor Level 13

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    Lawyer agrees

    Answered . She has a liability problem and you have a serious claim. Retain an attorney now. An investigator with field experience should be used by your counsel to investigate and recreate the visionary field.

    The responses provided to your questions are not legal advice, do not create any attorney client relationship, and... more
  16. Michael R Varble, Esq.

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . Make sure you speak to an experience personal injury attorney as soon as you are feeling better. Hopefully you called the police and they responded to the scene and issued a report too.

    The information provided herein is for informational purposes and should not be construed to establish an attorney... more
  17. Michael A. Rose

    Pro

    Contributor Level 7

    Answered . I would not be concerned about whether the driver was issued a summons. Without knowing full details, I would expect the other driver to be largely responsible for this accident if they failed to yield the right o fway to you. Be aware of the 30 day deadline for no fault benefits for your medical bills and wages if applicable. You should hire a qualified personal injury attorney.

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