Whoever was in control. This isn’t some weird legal quagmire anymore, these cars are on the road.
And will continue to be until every municipality implements laws about it.
If you charged car makers $20m per pedestrian killed by their cars regardless of fault you'd probably see much safer designs.
This is an extremely optimistic view on how companies work
A big reason car companies don't worry much about killing pedestrians at the moment is it costs them ~$0.
About half our road fatalities are pedestrians. About 80% of those are intoxicated with alcohol. When you're driving at 40mph, at night, and some drunk guy chooses to cross the road, no amount of safety features or liabilities can save him.
Sure, cars can be safer for light collisions with pedestrians where the car is going slowly. Especially in the US where half the cars have a very high hood. But where I live the problem is not safer cars, it's drunk pedestrians.
