Generally, court decisions have determined that a pedestrian, struck while crossing at other than a crosswalk, may be barred from recovery by his or her own negligence if they fail to keep a lookout and to yield the right-of-way to vehicular traffic.
Alternatively, in one court case, an automobile driver struck and killed a pedestrian, who was helping a friend push his disabled motorcycle along the extreme right paved edge of the highway. The defendant in that case who struck the pedestrian was briefly blinded by oncoming headlights.
The pedestrian was wearing ''off -white" trousers and a bright orange jacket. The court, in that case, determined that whether or not the vehicle failed to exercise due care are questions for the jury.
In another case, the court affirmed a jury verdict in favor of the motorcyclist who had accidentally struck a pedestrian on the side of the road. The pedestrian and a companion, in dark clothes at night, were struck from behind while walking in the street beside parked cars. The pedestrian heard the motorcycle but made no effort to get out of the way, believing he would be seen. The collision caused significant injuries to both the pedestrian and the motorcyclist.
The point being, if injured in a collision involving a motorcycle it is important to be counseled by an experienced and knowledgeable motorcycle accident attorney because the use of certain facts can make or break a case.