Earlier quoted context omitted.
I think legally, the car has to stop for an approaching pedestrian if it's physically able to stop, so if the pedestrian doesn't "stop about a foot away from your lane" as expected, you don't run into him. Though I don't know the NYC traffic code. In California, I believe 21950 paragraph C applies... the pedestrian that stops just before walking into the path of the car might be violating paragraph B since the driver…
Typically the law is broad enough and redundant enough that who's in violation is simply up to the discretion of whoever has the blue lights.
Always-on cameras in self-driving cars will help protect the innocent (assuming the footage is saved and available through subpoena, otherwise, like police dash and body cams, few people will let their own camera prove them guilty)