When a Rochester pedestrian is struck by a car, whether he or she can successfully pursue a personal injury claim largely will hinge on whether the driver can be proven to have been negligent in causing the accident.

When determining whether the driver was negligent, all of the facts surrounding the collision may be considered, including what the pedestrian was wearing.

While a driver is expected at all times to use due care to avoid colliding with a pedestrian, pedestrians are also expected to act reasonably to avoid being struck by a motor vehicle.

As a result, anything impacting the ability of the driver to see the pedestrian may be considered when determining whether the driver was negligent.

When a pedestrian is walking on an unlit road at night in dark clothing, it is entirely possible that a jury may find that the driver of the motor vehicle did not have any reasonable possibility of avoiding the collision and, therefore, was not negligent.

Even in cases where the driver is found to bear some of the fault, an injured pedestrian may also be found to have been partly at fault if he or she was out walking at night while dressed in clothes that would make him or her difficult to see.

While the pedestrian may still recover some compensation, such a finding would reduce the total amount that the pedestrian receives for his or her injuries.

For example, if the case went to trial and the jury found the pedestrian 40% at fault for the accident, the total amount in damages awarded by the jury would be reduced by 40%.

While it is usually easier for pedestrians to see cars at night than for drivers to see pedestrians, this does not mean that the driver does not bear some responsibility when a pedestrian is struck.

If you have been injured by a car and need legal help, please call us at 585-484-7432 for a legal consultation.