Certainly the level of "due diligence" is higher for a driver than a pedestrian, because cars present a high level of danger. But to claim that the driver is al

Certainly the level of "due diligence" is higher for a driver than a pedestrian, because cars present a high level of danger. But to claim that the driver is always at fault is silly. As OP described, it is possible for a driver to be perfectly diligent (drive slowly and attentively) and for a pedestrian to cause an unavoidable accident.