whose to blame??

a person walking in middle of road 5am wearing dark clothing. instead of using sidewalk.
why or their destination doesnt matter.
no street lights anywhere to help driver see.
pouring down rain.
pedestrian gets hit, maybe killed.

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Sunflower2021 · 31-35, F

I would say as long as the driver is going slower than the speed limit, because of the rain, has their headlights on, is taking precautions and cooperates with police I don't see any reason to blame the driver.