Leaving aside the point that, as e-scooters are not yet road legal, if he'd been obeying the law he wouldn't have been in that place (which is not victim-blaming, just acknowledging the awful irony), there are other questions, too. Why was a 16 year old on the road at 1:30am? Did the scooter have lights or was it largely invisible? The second question will surely have been a factor. Yes, the driver was drunk and no, he shouldn't have driven on the wrong side to avoid a camera, but if he wouldn't have seen the scooter in the dark, without lights, he made a very different decision to one he might have made if he'd been aware there was someone in his intended path.