Drivers Tend To Kill Pedestrians At Night. Thermal Imaging May Help.::Pedestrian automatic emergency braking (AEB), which may become mandatory on U.S. cars in the future, tends to not perform well in the dark.
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You clearly have never driven at night.
Edit: Also, the idiot wearing dark clothes walking into a road at night will still be just as dead whether the driver is considered culpable or not.
As a motorcyclist of 30+ years, this is a rule you either learn early or pay the price.