In most states and jurisdictions the motor vehicle is At Fault if you hit a pedestrian. This is because the driver has a better chance of avoiding the collision. Now if the pedestrian darts between two vehicles or jaywalks in an area between crosswalks you will have some liability as well. The driver is responsible for looking for walking people where people are legally allowed to walk but not necessarily where they shouldn't be or where they can't see a pedestrian.
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