I'd be wary of this. A pedestrian's position in the street is hard to prove (and defend) when they're hit by a vehicle. Say someone gets hit and is thrown twenty feet when crossing at an unmarked intersection (which in most municipalities is still a valid crosswalk). It's hard to reconstruct the scene to prove that the ped was in the crosswalk when hit. A safer perspective would to err on the side that the driver is at fault in any instance. You could also argue that the driver has assumed the responsibility of their actions and any mistake they might make before getting behind the wheel.