all the various news reports state she was walking on a 'grass verge' which I assume to mean that a grassed area adjacent to the surfaced road,
they also state that the driver of the saab had moved over to avoid oncoming vehicles leaving the surfaced road and traveling at about 50-mph, seems to suggest he was in effect driving down the verge at speed ??
there is a lot of research going on with regards to the adolescent brain and many of the published papers suggest that during puberty teenagers (girls) between the age of 11-14 are limited in their ability to properly assess danger and risk only every seeing the benefits of their actions.
The whole case in deciding culpability pivots around what and reasonable teenager of similar age and situation would have done under the circumstances, i really think that churchill will struggle to win a case on the argument that she should have worn hi-viability clothing especially with witnesses claiming she was visible to them and that the saab driver had not been driving appropriately for the conditions. I this Churchill are really grasping at straws pursuing this case which they have already lost this is an appeal so they are already on the back foot