Relax. We do not presently KNOW exactly why this tragedy occurred. It is POSSIBLE that the pedestrian could have been hit even if the driver was sober, not speeding, and paying appropriate attention. Various factors (which presently are not KNOWN to the arm-chair quarterbacks second-guessing this scenario) could include dark clothing of the pedestrian, violation of law by the pedestrian by walking in a lane of traffic outside of a crosswalk, and more. Then again, it is possible the driver was intoxicated, texting, speeding, or otherwise operating a dangerous instrumentality (i.e., a motor vehicle) in a manner that demonstrated reckless disregard to the life and safety of others. But until all relevant facts are KNOWN, give the driver a break. Remember, this is the USA where he is innocent until proven guilty.