In Wilhite v. Beavers, 227 So. 2d 919 (La. App. 2d Cir. 1969) a passing driver struck from the rear and injured a pedestrian facing oncoming traffic and walking on the edge of the road. The accident occurred about 6:30 a.m. on December 20, 1967, on a wet, dark morning made more dangerous by low overhanging clouds and dense fog. The Court found the driver guilty of gross negligence and concluded that the pedestrian was not guilty of contributory negligence which would have barred his recovery.