I really can’t see pedestrians getting any more lax than they already are, especially around here. People step out in front of traffic all the time around here. I’m not sure what they are thinking. Growing up we were taught to 1. Obey traffic laws and 2. Always be aware and make sure car drivers see you before you step out.
It takes two people not paying attention to have an accident like this. The person crossing has as much obligation to pay attention as the person driving the car. I can’t tell you how many times I see someone walking on the shoulder with their back to traffic as well. You’ve just reduced your chances significantly if you’re not also watching for situations where you could be hit.
In my opinion, the comparative negligence assigned would go like this-
51% pedestrian for illegally crossing (on top of it in the dark!) and not paying attention. They placed themselves in harm’s way.
45% to Uber for not exercising proper care and taking evasive action where it should have been possible given the enhanced sensors on the car. Also, overburdening the human overseer by eliminating the second person that would normally be logging data etc and freeing the backup person to pay more attention.
and
4% to the person in the car, assigned to watch over the car and take control in these situations.
Unless more info comes to light, that’s my position/assessment.