essentially, the ONLY time a pedestrian is ever liable is if:
The pedestrian does not have right-of-way to cross *AND* crosses in front of a vehicle so that the vehicle cannot stop in time.
Even if the pedestrian is crossing illegally, you must let them cross if you can stop in time. (can you say, main & hastings)
Now, whether or not the vehicle 'could have' stopped in time or not, will be a pretty freakin' subjective argument, and the fact that the pedestrian was crossing illegally will not help the pedestrian's case.