You're simply wrong. Drivers aren't required to drive slow enough to avoid every possible illegal or unexpected natural obstruction.
http://www.zacharlawblog.com/2015/11/whos-at-fault-in-an-acc...
> So, should an accident occur between a jaywalker and a car---if shown that the driver could have/should have seen the person and could have/should have been able to avoid, then without question the driver can be held responsible.
https://www.nicoletlaw.com/blog/2015/07/what-happens-if-a-ja...
> To a large degree, it comes down to the driver's ability to avoid the accident. If a jaywalker steps right out into the car's path and is instantly hit, the driver will usually not be held responsible. It will be determined that the pedestrian caused the accident.
> However, if the jaywalker strolls into the street a few hundred yards ahead of the car and the driver does not slow down or swerve, the driver could be held responsible. Even though jaywalking is illegal, drivers are expected to take reasonable action to avoid crashes when they can, even if they feel they have the right of way.
> Negligence also comes into play if the driver should have seen the pedestrian but did not. For instance, a driver who is texting and driving may look away from the road and not see someone step into the street, hitting them with the car. The driver could argue that the road was clear and that the person shouldn't have been there. While that may be true, he or she could still face charges.