That's why, in "normal" countries, it's always the driver that needs to be questioned by default, not the pedestrian. If the driver proves that he did all he could to avoid the accident, he faces no consequences. If not, he faces them.
This really isn't that complicated. It's okay for the pedestrian to not respect all the rules because he's not in the position in which he can put other people's lives in danger — only his own. Drivers are willingly putting themselves in a situation in which they can put other people's lives in danger, so the burden of proof is on them.