Originally Posted By: hikermor
There ought to be some case law on this point. Anyone?

Long, long, long ago, I struck a jaywalker on a dark street, wearing all black, while driving at low speed, resulting in minor injuries. I stopped, summoned emergency services, and in the end the police told me I was not at fault. For boring reasons the jaywalker sued me, and lost. The black outfit was one of several significant factors at trial.

If you can prove that a reasonably careful person wouldn’t have been able to see a pedestrian in time, that could be a significant factor in your favor as a driver. I am not an attorney though.