Injured Pedestrians' Claims Not Reduced by Dark Clothing, Time of Day

Michael Myers

Attorney
(866) 735-1102 Ext 580

0 CommentsPrint ArticleSubscribe

On November 27th, a Seattle woman in her 50's was hit while crossing at a crosswalk at the intersection of Aurora Avenue North and North 90th Street. The accident occurred at approximately 9:30 p.m. The woman was hit by a pickup and dragged underneath it. The driver of the pickup left the scene. He was stopped several blocks away by police. The woman suffered head and pelvis injuries and was sent to Harborview Medical Center in serious condition.

Most pedestrian versus vehicle accidents happen in the winter months. It's dark for more hours per day and visibility is further limited by rain. But the driver has a duty to see and pedestrians are given the right of way in cross walks. While some insurance carriers take the position that wearing dark clothing is a form of contributory negligence or comparative fault, they're wrong. The value of a pedestrian's claim should not be reduced because of what he or she was wearing at the time of the accident.

For more information on this subject, please refer to the section on Automobile and Pedestrian Accidents.