You step out into traffic and get hit. So it is the drivers fault could he avoided maybe maybe not
that does not change the fact he was smoking pot while driving. There is no safe way to drive while “baked”.
If anything, given the duration of the marajuana in the body, the penalties should be enhanced for driving while on pot. Perhaps quadruple across the board. (four times the enhanced intoxication penalty, four times the money cost, four times the probation, and AUTOMATIC jail time.)
Perhaps driving while on pot should be a felony case right out of the gate.