Just about the first thing the highway code says is give way to pedestrians.
That said any pedestrian should look where they're going.
I've been speaking on a mobile whilst walking before and wondered how I got where I was after the conversation (about fifteen minutes) finished.
When you're speaking on the phone, you're not in the same place that your body is; you're conscious mind is somewhere else. Having said that your unconscious mind is taking care of the stuff you do all the time - like when you manage to get home when you're so pissed you can barely get undressed when you actually get home (never done it? try drinking more).
The driver should be aware of what's going on around them. The pedestrian should too. But when it comes to it, it's the driver that's propelling a ton of metal at thirty miles per hour (because anywhere you're really like to come across a pedestrian crossing the road, the speed limit is thirty).
So whether the pedestrian is paying attention or not (and they should be) the ultimate responsibility lies with the driver as they're the ones that are acting outside of nature's limits (see how long you can travel at thirty miles per hour on foot).
On a slightly unrelated note, I think a better law to pass would be to make everyone re-take their driving test every ten years.
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In the UK anyway
Just about the first thing the highway code says is give way to pedestrians.
That said any pedestrian should look where they're going.
I've been speaking on a mobile whilst walking before and wondered how I got where I was after the conversation (about fifteen minutes) finished.
When you're speaking on the phone, you're not in the same place that your body is; you're conscious mind is somewhere else. Having said that your unconscious mind is taking care of the stuff you do all the time - like when you manage to get home when you're so pissed you can barely get undressed when you actually get home (never done it? try drinking more).
The driver should be aware of what's going on around them. The pedestrian should too. But when it comes to it, it's the driver that's propelling a ton of metal at thirty miles per hour (because anywhere you're really like to come across a pedestrian crossing the road, the speed limit is thirty).
So whether the pedestrian is paying attention or not (and they should be) the ultimate responsibility lies with the driver as they're the ones that are acting outside of nature's limits (see how long you can travel at thirty miles per hour on foot).
On a slightly unrelated note, I think a better law to pass would be to make everyone re-take their driving test every ten years.