That doesn't change the fact that you would still be responsible for the pedestrian's death. The criminal is to blame for trying to kill you (attempted murder on you, manslaughter on the person he ran over) but you are also responsible for the person he killed. (Criminally negligent homicide, particularly given the fact that you aren't acting in any official peacekeeping capacity.)


Spider-Man is still at fault here. Maybe not to the degree that Otto is, but in a more real world situation it'd be hard to imagine he wouldn't see at least a little jail time. (Or possibly a suspended sentence.)