in the considered case and assuming a left hand driving system the pedestrian is crossing from the right side and the driver is on the left lane near the middle

in the considered case and assuming a left hand driving system the pedestrian is crossing from the right side and the driver is on the left lane near the middle of the (supposedly two way road). This mean that the driver had very good visibility. Moreover the pedestrian was planning to let the other car pass (as it was considering the case where lower speeds can be dangerous) so the pedestrian is not dashing. I agree with you in your (arguably more common) case, but in this case the driver must have had good visibility and enough reaction time.