I once had a conversation with someone who proclaimed that if a "pedestrian" hid behind a parked car and jumped out into the lane of traffic, then it's still the cars fault. That seems ludicrous to me, but I'm not a lawyer.
The fact that every intersection is a potential unmarked cross walk also seems a little bit insane. Suppose you have a 6 lane road and a small 2 lane street intersects with it. Now extend an cross walk from the corners of that intersection and you have a legal crosswalk. Also suppose that intersection has no street lights and the speed limit is 40mph. The fact that pedestrian could step out across that road in the middle of the night seems like a death wish, but technically they have the right of way. Either you force every city to make every possible intersection safe or you should make pedestrian right of way a little more sane.