Earlier quoted context omitted.
I don't agree with most laws that impose absolutes. The courts exist to deal with grey areas. A large number of pedestrians struck by cars each year (at least in North America), are themselves intoxicated, and not fit to walk along roadways. There are many cases where the driver should not reasonably be at fault for a pedestrians erratic behavior. There's also the "hit-to-kill" phenomenon in China, where it can be fi…
A lot of pedestrians are kids, who by their nature are erratic. Saying that it's the kid's fault for getting hit because they were "erratic" is effectively banning children from walking places, which is exactly what the US has done ("WHy don't kids play outside anymore???") The person operating the dangerous machinery where there could be people walking bears responsibility for not hitting people.
Even if you follow all of these rules, theres not too much you can do about someone suddenly staggering infront of your car. Obviously if you see them ahead of time, be even more cautious.
(also drunk people are in-part banned from roadways- public intoxication is a misdemeanor)