But you need to define "due care". I gave a summary of the AZ definition of the due care that applied to both drivers and pedestrians. E.g. pedestrian has to make sure to cross at cross walks, driver has to obey traffic signs and yield to those with right of way, etc.

If you use a circular definition of "due care" and make it something like "due care means you must take all action that is reasonable to avoid an accident" you've again ducked the issue of giving due care a well defined meaning.