[Pilfer]

The pedestrian is 1) wearing black 2) not wearing any sort of safety reflectors 3) crossing in darkness not under street lights. In the safety video I linked, it's clear that such a pedestrian in the road would be very tough spot and react to. The safety video says there is a very real possibly that a human driver would hit such a pedestrian.

Citing the camera's poor dynamic range, does not imply a human in the same situation would have enough dynamic range to spot a pedestrian in the same circumstance.

High beams would have saved a life here, however in many situations they are illegal to use.