The motor vehicle code clearly states that pedestrians ALWAYS have the right of way. The lone exception, BY LAW, is the high speed roadways commonly known as ‘Freeways”.
We either need to change the law and say it is ok to strike pedestrians under some circumstances or enforce the law that says pedestrians ALWAYS have the right of way.
The burden falls on the operator and manufacturer of the heavy machinery to be responsible about how it is operated. If operating the machinery at night at high speeds leads to pedestrian death and or injury the operator, manufacturer and enabler (road builder) should be held accountable both legally and civilly.
Enforce or change the law.