Do you believe it's likely the driver is at fault given the lack of evidence? When I imagine a pet getting killed by a car I image it becomes free and running

Do you believe it's likely the driver is at fault given the lack of evidence? When I imagine a pet getting killed by a car I image it becomes free and running out in front of a car, not a car breaking a law and encroaching on the pets leash space. Perhaps there are some counter-intuitive stats on this I'm not aware of :) Further, there are a LOT of places where a person on a sidewalk would be within a leash length of a car legally driving 30+ mph.