In NYC, you're wrong.
https://freakonomics.com/podcast/the-perfect-crime-a-new-fre...
"While 25 percent of pedestrian deaths are attributed to the driver’s failure to yield, pedestrian behavior looks pretty bad too — they lie down in the street, dart into the road, cross improperly, and so on"
So it would make sense, at least ostensibly, that the majority of drivers receive little punishment. Now, in a place like New York, I have a hard time believing that in the majority of instances drivers are the only witnesses.