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At 5:45 a.m., before sunrise, Jordan jogged along the right edge of a rural road wearing dark clothing and no reflective vest. The road had no sidewalk. A state safety pamphlet recommended reflective clothing for dawn joggers, but no statute required it. A truck driver rounded a bend and saw Jordan in the headlights from about 250 feet away. The driver had time to slow or move left, but instead looked at a dashboard message and continued at the speed limit. The truck struck Jordan.
The jurisdiction follows traditional contributory negligence and recognizes last clear chance. Jordan sues the driver for negligence. The driver argues that Jordan's failure to wear reflective clothing bars recovery.
Analyze the driver's contributory-negligence defense and Jordan's last-clear-chance response.