Partner
It may be the most commonly uttered phrase following a traumatic pedestrian accident: “I didn’t see them!” There are defense strategies that can be built around the inability to see a pedestrian following a motor vehicle accident.
Understanding some defense strategies involving pedestrian visibility, driver duty, and environmental conditions can help injured pedestrians facing a driver’s claim of “unavoidable accidents” prepare to recover fair compensation for their injuries.
Common Defense Strategies Regarding Pedestrian Visibility
One of the most common defense strategies in pedestrian accident claims involves challenging pedestrian visibility. Insurance companies and defense attorneys often attempt to reduce or eliminate liability by arguing that the driver could not reasonably have seen the pedestrian in time to avoid the collision. Here are some typical angles they may use:
Dark or Poor Lighting Conditions
One defense strategy rests on claims that the accident occurred at night or in an area with inadequate street lighting, making it difficult for the driver to see the pedestrian.
Pedestrian’s Clothing
Another common argument involves blaming pedestrians for wearing dark or non-reflective clothing, which makes them harder to see, especially at night or in bad weather.
Obstructions to Visibility
Insurance adjusters or defense teams may argue that parked cars, vegetation, road signage, or construction equipment blocked the driver’s view. If the pedestrian suddenly stepped out from behind an obstruction, the driver may claim they had little warning and couldn’t stop.
Jaywalking or Improper Crossing
When a pedestrian is not walking in a designated crosswalk or crossing against a signal, the defense may argue that the driver was not legally obligated to anticipate a pedestrian’s presence in that location.
Poor Weather Conditions
Finally, weather and other environmental factors may also demonstrate that conditions were such that a driver could not adequately avoid colliding with a pedestrian due to wet, slippery, or inclement weather.
Understanding the Driver’s Duty
All motorists have a duty of care, a standard that requires them to drive reasonably cautiously to prevent harming others. Driver duty means that all motorists must maintain a proper lookout, drive at a safe speed, and obey all traffic laws. It also means that drivers must maintain a safe distance and use extra caution when driving in poor weather conditions, knowing that poor weather makes it more challenging to maneuver or stop a vehicle.
While it is common for motorists, insurance adjusters, and defense attorneys to attempt to shift blame or say a driver could not see the pedestrian they hit, the duty of care maintains that drivers must always exercise caution when operating a motor vehicle. However, proving a driver did not exercise reasonable caution before an accident is the challenging part. That’s where the help of accident reconstruction experts comes into play.
In pedestrian accident cases, especially those involving disputed liability or claims of poor visibility, accident reconstruction experts can help paint a complete picture of the cause of an accident and the contributing factors that led to the incident.
These experts can use physical evidence such as skid marks, vehicle damage, pedestrian injuries, and surveillance footage to recreate the accident and evaluate visibility conditions during the collision. They can also assess lighting, weather, driver speed, and line-of-sight obstructions to determine whether the driver should have reasonably seen the pedestrian. They can also calculate stopping distances and the time it would have taken for a driver to react under normal conditions. Accident reconstruction experts are often essential in proving fault and overcoming defense and insurance adjuster arguments.
When a Driver Claims They Didn’t See You, It’s Time to Seek Legal Representation
A pedestrian accident can cause significant injuries, mental stress, and financial hardship. When someone else tries to skirt responsibility by claiming they didn’t see you, the legal team at Chatham Gilder Howell Pittman PLLC can help pedestrians who are facing driver claims of unavoidable accidents. We are the attorneys who listen. That’s what we do, ensuring your case gets the personal attention it needs.
Contact our office today and request a free consultation to get started.
