Though in some countries, hitting a pedestrian gets the driver an automatic jail term. Collisions with pedestrians don't happen all that often in such countries.

I'd still rather be the driver in that scenario (Which I believe was the parent's point)

I think I'd rather be neither.

I agree and I find that a far more civilized legal approach to cars, but I don't ever count on that happening in America.

You may legally in the right but only your heirs will care.

It's not the main concern for the pedestrian, but it may be for the driver. If legal liability is clearly on the driver then drivers will be more careful. At least, many will, even if not all.