Yes, running in front of a moving vehicle is rather stupid.
Driver had no way to avoid hitting them.
I can guarantee you if you are driving down the highway and you see three cars stopped in the road and you drive onto the shoulder at full speed to go around them and hit somebody on the shoulder of the road you will be prosecuted oh, because you are not allowed to drive on the shoulder and that’s where you expect people to be standing if they just had an accident