who's fault is it? (warning: image isn't pretty)

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everyday, a lot of road accidents happen. and most of these road accident involve an automobile, and a poor guy who gets hit. here in the Philippines, and i think everywhere in the world, most road mishaps happen in highways. most of the time, these accidents happen because people crossing the streets don't use pedestrian lanes. and when it happens, investigators arrive, and they WILL blame it on the driver and charge him "reckless driving". but why blame the driver? they're on their right of way. although sometimes, its really the driver's fault. maybe for being sleepy while driving, or maybe even drunk driving. but for this discussion, i'll focus on drivers who actually obey traffic rules and pedestrians not using their lanes. people SHOULD use pedestrian lanes. they wouldn't get hit if they actually obeyed traffic laws. thats exactly why pedestrian lanes are made. and if present, they should use pedestrian overpasses or footbridges. those are not made for display. and what reason would the investigator give for blaming the driver? simple! because the law says so. (darn it!) the driver has the responsibility with the use of the automobile. whatever the vehicle does is the driver's fault. but doesn't people crossing the streets also have responsibilities? they are held responsible for what happens to them while crossing. they are required to use the lanes for their safety. they shouldn't be crossing away from the pedestrian lanes in the first place. so, who's fault is it? . . **and oh, i hadn't have had this kind of accident yet. c",) i have close-ups of the image but i wont put it here for the sake of the viewers.**