A pedestrian is crossing the driveway of an apartment complex. The walk sign just turned to the flashing red hand as the pedestrian was 3ft from the curb inside the cross walk. The pedestrian looks down at their phone while crossing and gets hit by one of the cars pulling out of the complex. No one was injured, it was more of a rolling stop kinda hit than a full on impact. No injuries not even a scratch on the pedestrian.

Who’s fault was it? The pedestrian for not paying attention and texting, or the driver for not paying attention?

Bonus

Would you report the incident?