The plaintiff was struck by a vehicle while crossing the road. The investigating police officer did not cite either the driver or the plaintiff. The plaintiff had no memory of the incident. The officer concluded that the plaintiff walked in front of the vehicle. However, a pre-suit investigation revealed an eyewitness who saw the plaintiff stop before entering the roadway. The witness also saw that the driver was distracted and not looking straight ahead. The case settled for the policy limits before filing a lawsuit.