My question involves an injury that occurred in the state of: Virginia
Pedestrian is walking with traffic on a raining night after 7 p.m. Pedestrian is walking right on top of white line on edge of pavement. More to road than to shoulder (right foot on top of white line). There is no sidewalk, but there is a 7 foot grassy shoulder. The pedestrian is wearing dark (blue jeans) pants and a dark red hoodie. No reflective gear. Traffic speed is ~ 45 and speed limit is same. Cars are traveling in opposite direction removing option of serving. One car narrowly misses pedestrian and when second car sees him, has less than a second to stop, serve, etc. Second vehicle hits pedestrian with mirror. Mirror smashes into pieces, Driver stops and finds pedestrian in good shape. He claims he feels fine, doesn't want police called, shows his arm and moves in every which direction. Bare arm shows no scratch, bump, bruise, nothing. Police are called (by driver). Report filed, no charges on either party given.
If a claim is filed, is driver at fault? Is Pedestrian at fault? Is it equal fault?