Pedestrians have the right of way
It's the law
A commonly held misconception, but it's actually not accurate. No one has right of way until it's given. In most cases, other than at a designated crosswalk, pedestrian lane, or other area designated for pedestrian use, generally a pedestrian must yield right of way to a vehicle traveling on the roadway. Specifics vary state by state.
In my state, for example;
1. Every pedestrian crossing a roadway at any point other than within a marked crosswalk or within an unmarked crosswalk at an intersection shall yield the right of way to all vehicles upon the roadway.
2. Any pedestrian crossing a roadway at a point where a pedestrian tunnel or overhead pedestrian crossing has been provided shall yield the right of way to all vehicles upon the roadway.
3. Between adjacent intersections at which traffic-control devices are in operation, pedestrians may not cross at any place except in a marked crosswalk.
4. No pedestrian may cross a roadway intersection diagonally unless authorized by official traffic-control devices; and, when authorized to cross diagonally, pedestrians shall cross only in accordance with the official traffic-control devices pertaining to such crossing movements.
Note this does not exclude drivers from the responsibility to exercise due care and caution and make every reasonable attempt to avoid a collision.
