Even when it feels obvious that a driver should have seen you, these cases often become disputed because of what’s happening around the crash:
- Commute timing and visibility: Early morning and late afternoon lighting can create glare, and pedestrians are more common near crosswalks and busier intersections.
- Suburban road design and speed expectations: Drivers may argue they were traveling appropriately for “typical” conditions, then deny they had a realistic chance to stop.
- Construction and changing traffic patterns: Roadwork can shift lanes, alter sightlines, and make it harder to pinpoint what a driver could reasonably see.
When insurers push back, it’s usually because they’re trying to weaken the story early—before medical records, photos, and witness accounts can lock in the facts.


