Seen it a million times and see this almost daily. There seem to be little details other than the pedestrian was in a crosswalk. In fact, I've seen some real dead pedestrians and bicyclist who died simply based on their own stupidity. Like walking in a crosswalk directly into the path of on coming vehicles. I noted the witnesses nor anyone else even mentioned if the intersection was light controlled or stop sign controlled intersection.
But I do agree, if the driver was smoking pot when driving then he was at least guilty for doing that. If the pedestrian walked directly into the path of an oncoming vehicle without so much as looking, then yes, the pedestrian is also a party to this stupidity.
There are lots of dead people who were dead right.
The Pious is a rather quiet car, sometimes.
And the Prius is deadly silent. I call them Cat Killers.