Even when a driver “clearly should have seen you,” these cases frequently turn into disputes about:
- Speed and stopping distance in stop-and-go traffic
- Visibility at dusk/night (headlights, glare, and reflective clothing—or lack of it)
- Where you were in relation to a crosswalk or curb line
- Driver attention issues tied to modern commuting habits (navigation prompts, phone use, lane changes)
- Construction and roadwork impacts that can change sightlines and traffic patterns
In other words, the hardest part is often not proving you were hit—it’s proving what the driver could and should have done, and linking the crash to the injuries that followed.


