OP was referring to overall probability of human death, not just pedestrian death/accident. To answer your question though, states can determine their own laws

OP was referring to overall probability of human death, not just pedestrian death/accident. To answer your question though, states can determine their own laws - most choose to make it illegal for pedestrians to be on the freeway in congested areas. There are places where you can ride you bicycle on the freeway, usually in rural areas (http://www.dot.ca.gov/hq/paffairs/faq/faq67.htm http://www.dot.ca.gov/hq/paffairs/faq/faq67.htm)