My Dad (CHP officer) escorted to the hospital a jogger who'd run out into traffic on a busy street and got himself run over, and as the jogger lay bleeding and screaming in pain waiting for treatment, the doctor decided it was more important to lecture my Dad about how joggers should have uber invulnerability code blue traffic right of way up to including the right to jump right in front of a stream of cars going (legally) 45 mph. When my Dad told the doc that he didn't have any vehicle code violation that he could possibly charge the driver with, the doctor went beserk and eventually filed a formal complaint against my Dad. 30 minutes later, the doc calmed down and went to work on the poor jogger who probably didn't care much about any future lawsuits right then.
Sometimes it's refreshing to see someone admit that an accident is their fault, and just let it go. I think that drivers certainly have an obligation to exercise care that goes beyond merely following laws simply because of the potentially lethal consequences, but in the absence of malice on the driver's part sometimes an accident is just an accident so let it go.
IMHO
Disclaimer - I haven't been hit by a car yet this decade so I'm in a generous mood...
