The driver may blame clothing, lighting, crossing location, or timing. The evidence has to test those claims.
Pedestrian cases often depend on a combination of traffic rules, sight lines, driver attention, crosswalk or signal timing, and the actual movement of both the vehicle and the person on foot.
Crosswalk and signal issues
Marked and unmarked crossings, walk signals, turns, yield obligations, and intersection geometry can shape the responsibility analysis.
Visibility and sight lines
Lighting, weather, parked vehicles, roadway design, clothing, and driver attention may all be relevant to what could reasonably be seen.
Parking-lot and driveway impacts
Backing vehicles, private-property traffic patterns, delivery activity, and low-speed maneuvers create a different evidence picture than a highway crash.
Severe injury consequences
Pedestrians have no vehicle structure around them, so fractures, brain injury, spinal trauma, internal injury, and long-term mobility needs can become central.