While true, the distractedness (on the part of the pedestrian or the driver) doesn't absolve the driver of their responsibility to yield in this scenario. A driver who hits a pedestrian in this scenario will be subject to criminal and civil penalties, and rightly so.
I certainly hope I didn't imply otherwise. On a cultural and legal level, assigning fault/responsibility to drivers makes total sense. On a personal level, if I get killed I'm not gonna care that much that it "wasn't my fault" and I should take the precaution of looking up from my phone when walking in front of moving vehicles.
