A behavior like that should be illegal for both party. The driver is at fault of causing the incident and the pedestrian is at fault of being inconsiderate and a danger to the vehicles (one collision can cause many other collisions) independently from whether the accident actually happened.

I think you have it backwards. The pedestrian that darts out into traffic that cannot stop in time causes the accident. The driver who does not travel slow enough to reasonably hedge themselves against a pedestrian darting out is being inconsiderate.

I agree with you in your (arguably more common) case, but in this case the driver must have had good visibility and enough reaction time.

> Do you think more drivers or pedestrians are harmed by incidents involving both?

pedestrian obviously. This implies to me that regardless of the law, pedestrian should be careful when crossing the streets. From the legal side I believe we should adopt the regulations that are more likely to decrease the number and gravity of incidents, this is heavily dependent of local customs.

> when one party is much more likely to be injured or killed than the other.

the focal point to me is: "When one party's mistake are much more likely to endanger people (both others and themselves)" Where my intention is to focus on how the car is the dangerous element of the equation rather that on how the pedestrian is the one at risk. I personally find it a more solid building block.