Where a pedestrian creates the initial danger by standing close to the road edge at night while intoxicated and then steps onto the roadway into the path of an approaching vehicle, the pedestrian's conduct may be so markedly more culpable than the driver's failure to keep a proper lookout that an apportionment of 60% contributory negligence to the pedestrian is appropriate, notwithstanding the general principle that drivers bear greater responsibility due to their greater capacity to cause damage. The absence of expert evidence about headlight range does not preclude a finding that a driver should have seen a pedestrian earlier, where the court can draw inferences from the regulatory requirement for low-beam headlights to illuminate at least 25 metres ahead and from the driver's own evidence.
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