>would that be the responsibility of the driver?

Yes. What is wrong with you?

It is typical, normal, common, expected, taken for granted that a driver is expected to operate their vehicle in a safe manner and unless that fucking baby is the prematurely reincarnated spirit of Usain Goddamned Bolt, if you hit a fucking child on the highway you're getting looked at.

Any little teeny-tiny thing you did wrong, 1 mph over the limit, tint 0.01% too dark, didn't stop to render aid, safety inspection out of date by one second, will be used to amplify your charges and fuck you even harder.

Here's an example: https://www.wtnh.com/news/connecticut/hartford/man-charged-w...

Here's another: https://qns.com/2023/12/maspeth-man-charged-manslaughter-fat...

Do you need more than that?