Just about absolute. Fall off bridge onto car, I guess not. Olympic sprinter dashes out from car intentionally trying to be hit? Guess not either. Clothed mostly in black on a rainy night on a freeway? Not either.
But you hit a kid in daytime? It's your fault. Period.
sorry but that doesn’t make sense.
It’s possible a driver turns a corner (not wearing sunglasses) and suddenly the sun briefly blinds them, while a kid darts into the street.
I’ve seen kids (and ADULTS!) walk on the side of the street at night in all black or very very dark clothing. It’s extra amusing when they happen to be black (are they trying to get themselves killed?) It’s not the drivers fault if they genuinely can’t see a camouflaged person. I’ve had numerous close calls like this on rural and suburban roads and I think i’m a cautious driver. Make sure you are visible at night.
Or if a kid is riding a bicycle down a hill and flies into the middle of an intersection (dumb? brakes failed? etc). very possible to accidentally mow down the child.
HOWEVER, i do agree that 95% of the time it’s the drivers fault if they hit a kid. Poor awareness and speed are the biggest factors. It is certainly not 100% of the time the drivers fault though. That’s absurd. You really misunderstand how dumb some pedestrians (and parents) are.
But….it’s all besides the point. A child that doesn’t understand the importance of cross walks and looking both ways is too young to be walking alone, period. Yes even if they’re “right”. Being right isn’t helpful if you’re dead.
A kid can dash out from a car about as fast as an olympic sprinter can. And with unlucky timing their intent doesn't matter.