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It all depends on the local laws....
As a general rule of thumb, motorists must take every reasonable step to ensure they do not collide with other motorists, pedestrians, etc. If the pedestrian was jaywalking for example it doesn't absolve the motorist from any liability as they still have to pay attention. It's called contributory negligence and it will affect the plaintiff's case and limit the amount of compensation they may be entitled to under the law. Now if the pedestrian is acting irrationally or is emotionally distressed or attempting suicide(yes, I've seen cases like that too) the driver will likely not be held liable for the damages
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