In what circumstances will a plaintiff be liable for his own injuries if he was struck by a car as he was walking towards his car?

In Otsuji v. Waslen, [1991] B.C.J. No. 3909 (S.C.), the plaintiff pedestrian was struck by the defendant driver while walking along the roadway towards his car which was parked in the parking lane along the roadway. The accident occurred on a dark and rainy night in an area that was “moderately well lit” and the plaintiff was wearing dark clothing. The court found that, even had the plaintiff walked on the available sidewalk to his car, he “would have had to stand on the street and share the street at some point with any vehicular traffic, at least momentarily, while he got into his car.” Despite finding that the plaintiff’s position on the roadway was inevitable, at least for a short period of time, the court found the plaintiff 25% liable for his own injuries because he did not keep a proper lookout for approaching vehicles.