Well depends on context.
The smoker is fully aware he'll get cancer so no...
The jaywalker is on their phone and not paying attention, then no obviously natural selection is a beautiful thing.
A mother who run after her toddler who ran across the street, or a guy who's in a hurry because his wife is in labor getting hit by a car, of course.
- - - Updated - - -
It has a complete unique DNA code from the process of conception. It is a complete life form yet. The thing is that is has to develop. And unfortunately we're not plants who can gestitate In dirt.