[greatpatton]

"the pedestrian in fact had every reason to feel very visible." Why because the pedestrian was high? Otherwise the NTSB report state:

"the pedestrian was dressed in dark clothing, did not look in the direction of the vehicle until just before impact, and crossed the road in a section not directly illuminated by lighting. The pedestrian was pushing a bicycle that did not have side reflectors and the front and rear reflectors, along with the forward headlamp, were perpendicular to the path of the oncoming vehicle. The pedestrian entered the roadway from a brick median, where signs facing toward the roadway warn pedestrians to use a crosswalk, which is located 360 feet north of the Mill Avenue crash site. The report also notes the pedestrian’s post-accident toxicology test results were positive for methamphetamine and marijuana."

I don't know how you derive that the pedestrian had every reason to feel visible.

[orisa2]

Read the Arstechnica article linked in the parent. It was not pitch-black. The pitch-black video was PR.