It’s reality. As you’ve pointed out, the person in the car will survive. The pedestrian will be injured or killed. If the pedestrian is in a crosswalk, controlled or otherwise, at an intersection, crossing at an area controlled by an officer/crossing guard etc. and is following all the protocol and a car comes through and hits them. That’s 100% on the driver. The pedestrian did everything right.

If someone is crossing illegally, and at night nonetheless, that risk is 100% on the pedestrian. They are deciding to chance running/walking across a street. Yes, a driver should stop. Yes, a driver should be aware of their surroundings. The fact that you dismiss a pedestrian’s responsibility to also be aware of their surroundings, to know where and when to cross, is disturbing.

You advocate to teach people to just walk into a road and if they get killed, that’s the driver’s fault? There’s no pedestrian safety or responsibility? I wonder where: “look both ways before you cross.” came from. Surely, we don’t need to do that because a car will stop.