Seems to me the victim was just as much at fault. He was drunk, on cocaine, ran his car out of gas, kid in the back seat, On his was to get diapers (or another 8 ball) if the dad would have spent the money on gas and diapers first, the whole situation would never have happened.
911 was called 2 minutes before the accident, to report the guy that wound up getting hit. Let's assume the caller was sober, he almost hit the guy.