This accident happened at 11:15 at night, which makes a huge difference in what you can see in the dark, and how quickly you can respond. I would agree with your original post if it happened in the daytime, but this was the dark of night. I, myself, have trouble seeing at night, so I rarely drive after dark anymore. Also, I don't know if the pedestrian was wearing dark clothes or not, but that also plays a huge part in things.
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