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.
Legality is exactly what applies when you sue. For example, in California, USA, the law is written pedestrians do not have right of way in your scenario. No, it does not mean drivers can mow them down, but pedestrians assume the risk of their actions.
I’ve had a lot of puahback talking about this with local people in my city who have a “pedestrians are always right” mentality, and I understand the desire to wish that’s true, but it just isn’t the case. There are very clear places right of way is, and is not, protecting pedestrians.