Now, when a person driving a car kills a person walking, the default reaction is to blame the person walking for not being careful or attentive or visible enough. We have been conditioned point the finger at the pedestrian's earbuds rather than the obvious source of danger.
Even when a driver is found guilty of careless driving, the maximum punishment - at least in most North American jurisdictions - is a $500 fine and maybe a few demerit points.