Pedestrian crossing the street a few feet outside the crosswalk after dark was hit by an oncoming car. The driver claimed he did not see him, although he was under a street light. The issue was whether the pedestrian had lost the right of way because he was outside of the crosswalk. The insurance company first said the incident was our client’s fault because he was not in the crosswalk; however, the case settled for $45,000 when it became obvious that our client’s being a few feet away from the painted markings on the street did not contribute to his injuries.
He was walking across a suburban street going from the grocery store to his apartment one evening after doing his shopping. He was not in the crosswalk, but he was a few feet away from it. The defendant did not see him even though he was walking under a street light. His injuries included…
The driver’s insurance company claimed the incident was his fault because he was not in the painted crosswalk. (If the injured person is even a tiny bit responsible for his own injury, he loses. This is called contributory negligence and is a total bar to an injured person’s recovery.)
However, it soon became apparent that it was the driver’s fault because he had been distracted . . . and would have hit him even if he had been in the crosswalk. That is, he is outside of the crosswalk was not a cause of the incident.
His medical expenses were $25,000. The case settled for $45,000.