On Sunday, November 1, 2026, the clocks fall back an hour, and overnight the evening commute in Los Angeles moves into dusk and darkness. If you were hit while walking, biking, or driving home in that low light, you are probably hearing some version of "the sun was in my eyes" or "I never saw them." This guide explains what California law expects from drivers when the light changes, and what you can do to protect your claim.
The short answer
Darkness and glare do not excuse a careless driver. California law requires drivers to use headlights from half an hour after sunset to half an hour before sunrise, and to drive at a speed that lets them stop for what they can see. If a driver could not see because of the sun or the dark, the law generally expects them to slow down, not keep going. Fault is decided on the facts, and even if you share some of it, you can usually still recover a reduced amount.
Why the weeks after the time change are risky
Nothing about the roads changes on November 1. The same commute that happened in daylight one week happens at dusk the next, and drivers have not adjusted their habits yet.
Low sun is the second problem. In the fall, the late afternoon sun sits low, and on east-west streets across Los Angeles it shines straight into a driver's windshield.
The result is a familiar crash: a driver turning left into the sun who says the walker "came out of nowhere."
What the law says about headlights and dusk driving
Vehicle Code 24250 requires drivers to have their headlights on during darkness, and the Vehicle Code defines darkness as any time from half an hour after sunset to half an hour before sunrise, plus any time visibility drops below 1,000 feet. Vehicle Code 24400 adds that headlights must be on whenever the windshield wipers are running continuously because of rain, snow, or fog.
A driver at dusk with the lights off may be breaking a safety rule, which is strong evidence of negligence.
Then there is the basic speed law, Vehicle Code 22350. It says no one may drive faster than is reasonable for the conditions, including visibility. A driver can be under the posted limit and still be driving too fast if they cannot see far enough ahead to stop. That is the rule that does most of the work in dusk and glare cases.
Is sun glare a defense to a car accident in California?
Usually, no. Glare is a known, predictable hazard. Every driver knows the sun sets in the west and that it can blind you at certain hours. When a driver is blinded, the reasonable thing to do is slow down, use the visor, and if needed, stop. Driving blind into a crosswalk is not reasonable.
Adjusters raise glare often because it sounds sympathetic. The question is not whether the sun was bright. It is whether the driver adjusted for it.
What if I was walking or biking in the dark?
You have rights at dusk just as you do at noon. Drivers must yield to pedestrians in marked and unmarked crosswalks under Vehicle Code 21950, and that duty does not switch off when the sun goes down.
Pedestrians and cyclists have duties too. A pedestrian should not step suddenly into the path of a car that is too close to stop. A cyclist riding at night needs a white front light and a red rear reflector, and lights help in practice even where the law does not require them. If the insurer argues you were hard to see, that becomes a question of shared fault, not a reason to deny your claim outright.
California uses pure comparative negligence. If you are found partly at fault, your recovery is reduced by your share, but it is not wiped out. Our guide on being partly at fault in California walks through how that works.
If your child was hit while out at dusk, our Halloween pedestrian accident guide covers the special rules for minors.
What evidence matters in a dusk or glare crash
Light is evidence, and it fades fast. Here is what makes the difference:
- The exact time. Write it down or screenshot your phone. Sunset and twilight times for that date are public record, and they tell us whether headlights were required.
- Photos from where it happened, at the same time of day. Go back a day or two later, at the same hour, and photograph the street from the driver's direction. That shows what the driver could and could not see.
- Street lighting. Note any streetlights that were out. A dark intersection or broken light may point to a city maintenance problem.
- Dashcams and doorbell cameras. Ask nearby homes and businesses now. Many systems record over themselves within days.
- Whether the driver's headlights were on. Witnesses often notice. So do cameras.
- Your clothing and lights. Keep what you were wearing and any bike lights. Do not wash or throw them out.
- The police report number. Get it before you leave the scene, or call LAPD or the Sheriff's station the next day.
When the city may share the blame
Sometimes the problem is not only the driver. A streetlight that has been out for weeks, a faded crosswalk, or a signal timed so short that people cannot cross can all contribute. Claims against the City of Los Angeles, the County, Caltrans, or another public agency come with a much shorter deadline. Under Government Code 911.2, you generally must file a written government claim within six months of the injury. Miss it and the claim against the agency can be lost.
What to do this week
- Get medical care and follow through. Gaps in treatment are the first thing an adjuster points to.
- Do not give a recorded statement to the driver's insurance company.
- Collect your evidence while the light conditions and camera footage still exist.
Our pedestrian accident lawyers handle these claims across Los Angeles and Southern California. If you are not sure whether the time change or the driver caused your crash, a free case review will sort it out. No fee unless we win.
This guide is general information, not legal advice. Deadlines and rules change; talk to a lawyer about your situation.
Keep reading
- Pedestrian Accidents: how we handle these cases
- Injury lawyers serving Los Angeles
- Hit by a Car on Halloween in California: Who Pays When a Child Is Hurt (2026)
- Car Accident in the San Fernando Valley: Van Nuys, Sherman Oaks, North Hollywood
- How Much Does a Personal Injury Lawyer Cost in California? (2026)
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