"Right of way" doesn't mean much when you're dead. If I dress up in black and go jaywalk across the freeway at 3AM, sure, I technically have the right of way. But it would be pretty naive to deny that my own behavior contributed to my death when I'm inevitably hit by a driver, drunk or sober.

RIP to the woman killed, and hopefully this guy can move on with his life and be a productive member of society.