But it wasn't dark. The article states that the collision took place at 5:45 AM. Sunrise is at 6:15 AM. Many (most?) states define the "hours of darkness" (the time one must use headlights/tail-lights) as between 30 minutes after sunset to 30 minutes before sunrise. Oregon is more conservative and requires lights be on from sunset to sunrise, but the fact is that 30 minutes before sunrise it is plenty light out and far from dark.

I suspect that more than one person involved in this crash was playing with a vibrating toy (cell phone). Odd that the article mentions something about the pedestrian's clothing, but doesn't mention whether or not the police are investigating distraction on the part of the motorist. If you can drive along and not see a person, even when they are crossing against the light, you are either unfit to drive, distracted or both.