Auto Insurance Claims: auto vs pedristian accident, pedestrian vs vehicle

Question
tonight I hit a runner which I did not see I had stopped at a stop sign to make a
left turn just pulling out onto the street I struck a runner who was wearing dark
clothing and had head sets in her ears wearing dark clothing at night.  She was
struck on the driver side of my car and injured her knee.  How do I prove that
the runner ran out in front of me

Answer
Cathy,

  I am not sure you can prove the jogger ran out in front of you.  You indicated you pulled out from a stop sign, and your description indicates that you didn't see the runner, not that the runner ran out in front of you.  Be careful to exactly describe the incident, it is important not to make inaccurate statements to the insurance company or adjuster.  Is the area a common area for joggers?  What kind of lighting is there?  How wide is the roadway?  Was the jogger in the middle of the road or in a crosswalk?  Were there any witnesses?  Are you sure there weren't any witnesses?  Check for cameras in the area.      

  The easiest thing to do would be to photograph the accident scene now while the conditions are similar so that you can prove the visibility is poor and that it is reckless to jog there without bright clothing and reflectors.  You might look up some city ordinances about running at night and required attire as there may be some regulation there that will help out.  

  The question is who was least reasonable in their actions, you or the jogger?  Did you just pull out assuming the roadway was clear because there were no headlights, or did you actually keep a proper lookout, but the clothing of the jogger obscured them?  Were your lights on?  Do you wear glasses?  Depending on the exact circumstances I can see a case being made on either side of this one.  I certainly wouldn't jog out in front of a vehicle at night, and I think I would see bright headlights.  I think that you shouldn't have too tough of a time proving the accident was the jogger's fault, especially if the accident didn't happen in a crosswalk.  Almost anytime a pedestrian is in the roadway, unless they are in a crosswalk, they do not have the right of way.

   I hope this helps.

JP