To be fair, in cool or cold weather, a pedestrian can easily have little or so visible skin — long sleeves, hair, and possibly a hat of any sort can hide skin very well.
Pedestrians (and cyclists) should wear bright clothing and/or retroreflectors at night! (Ideally both. Retroreflectors are mostly useless if a car has its lights off.)
Taking your life in your hands (biking in dark clothing, especially at night) because someone is going to get a fine for having their lights off after they kill you is not a good risk calculation.
I had one dark skinned kid in dark clothes casually crossing the road in front of me during the dark months here were I live.
I didn't have to slam the brakes or anything because it was a bit ahead of me, bit it was scary because of how hard it was to detect.