Isn’t the pedestrian that got hit at least partially responsible? They were crossing a live road, unlit, and not at a designated crossing. I get that the drive

Isn’t the pedestrian that got hit at least partially responsible? They were crossing a live road, unlit, and not at a designated crossing. I get that the driver has a duty to mitigate / avoid an accident if possible, but the circumstances didn’t involve the driver running a red light or driving into a designated pedestrian area. I’m curious as to whether her defence in court will fall along those lines, as it simply can’t be a case where she is entirely at fault? I would have thought it would be 50/50 liability as both parties had equal opportunity to avoid the accident. The driver should have seen the pedestrian, and the pedestrian should not have jaywalked. I get that this may be an unpopular line of reasoning, but please comment if you disagree, don’t just downvote.