Justifying something that is deemed illegal is how laws change.
It is true that the world isn't in black and white. But laws are and we must respond in kind.
If it isn't justified, you should be able to come up with a rational argument against me, of which I'm amicable. The argument being about the driver having more responsibility.
To me, a person in a lesser position of control of a situation should be given more leeway in terms of outcomes. This is because with control comes responsibility and failure of that responsibility comes justice.
You would have to argue that the driver had less control over this situation.
It sounds like we agree on principle.
The difference is you're actively trying to both sides it.
To me, there is a substantial difference in optics and consequence between hitting someone in a car and standing on a road.
The latter is barely worth talking about when the former is the topic of discussion, especially when the justification seems to be - they were in the way.