The pedestrian was probably wearing dark clothing, crossed before it was actually clear and probably thought the car would stop. Pedestrians at night you are not seen to about 25 feet, a car traveling at 40MPH needs at least that amount to stop safely, you are cutting it too close. It would not surprise me that there was no traffic behind the car in question and if the pedestrian would had waited, especially if they are not going to use a cross walk, he/she could of made it with no problems. Drivers do not expect pedestrian to cross in the middle of the road way, I know I don't.