do you know the state of the old couples driveway? it could be very uneven, the crew member might have been quite injured, and the old couple will probably have house insurance that will pay it out, as anyone who uses the property that is insured is covered for injury's.
look at it from this point, if you was in a car accident and it was someone else that hit your car and you were inured would you say i wont claim i should have been more aware that you would hit me, even though you had your lights off in the night?