What should a pedestrian who was struck by a vehicle while crossing a street in State B allege to protect his rights?

In this scenario, the pedestrian’s focus should be on protecting his rights and ensuring that he establishes a solid legal basis for his claims. To achieve that, raising the defense of contributory negligence is a strategic action, particularly in states where such a defense can significantly impact a case.

Contributory negligence refers to a legal doctrine where if the injured party is found to have contributed to their own injury, it can limit or completely bar recovery for damages. By proactively addressing issues related to contributory negligence, the pedestrian can prevent the defendant from using this defense as a means to reduce or dismiss liability during proceedings. Highlighting potential factors, such as whether the pedestrian was appropriately crossing at a designated crosswalk or paying attention to oncoming traffic, can bolster the pedestrian's case and counter the possibility of being blamed for the incident.

Engaging in settlement discussions or claiming punitive damages might also be part of the pedestrian's strategy, but doing so without adequately addressing and counterbalancing the defense of contributory negligence could leave him vulnerable should that issue arise in court. Arguing that the driver operated the vehicle recklessly might strengthen the pedestrian's case, but it would be essential to first address any potential claims of contributory negligence on his part to safeguard his