SWH,
I would suggest it is the aircraft in the wrong as it is the PIC ultimate responsibility to avoid collisions with any object whilst airborne or on the ground.
Are you serious? A bloody kangaroo hops across you as you're landing your Falcon 200 and you say it's the PICs fault? Come on! So the captain of the DHL 757 should share equal blame for being killed by someone else? No wonder society has almost litigated itself into oblivion...