Even when a driver seems clearly at fault, claims in California commonly get challenged for reasons like:
- Driver attention and speed: Turning movements and lane changes near intersections can lead to “I didn’t see them in time” arguments.
- Visibility conditions: Dawn/dusk glare, street lighting, and weather can affect what both parties claim they could see.
- Unclear scene documentation: If witnesses move on quickly or video isn’t preserved, details can get lost.
- Comparative fault tactics: Insurers may argue the pedestrian “should have waited” or “crossed improperly,” which can reduce recovery if not handled correctly.


