Driver hits child - Who is wrong?

Years ago (and I mean years ago) I heard a story about a driver (probably a minor) who hit a child who was crossing the street. Police said the driver was texting while driving, but his lawyer said he'd finished the text before the accident. Normally, I would say the driver is at fault here, BUT the two-year-old child was crossing the street with a four-year-old sibling at two in the morning! At the time I heard this on the news, the parents still had not been found. Obviously the driver had to go to court (and maybe even jail). Personally, if I were on his jury, I'd have a hard time faulting him for the accident. Two-year-olds should not be crossing the street without an adult and definitely NOT at 2 AM. What do you think? Would you have found the driver guilty?

    Wow, there's just so much to feel bad about in this question. I appreciate being this far removed from such a situation, because that would be terrible to honestly go through. Feels like a draw to me.
      It is without a doubt the driver's fault that they hit someone, and they should be found guilty. I also think the parents should have been found guilty of neglect - a 2 year old and 4 year old have no business being outside at 2am... let alone unsupervised and in the street!!
      About Maria
      Birth: December 31
      On since: Oct 30, 2013