Was the pilot trying to get away from the pedestrian?
If the pilot's lawyer can demonstrate that the pilot was in fear of the pedestrian and steered away, but the pedestrian then ran at the crew of an in motion aircraft, he can then argue that the pedestrian was the author of his own misfortune.
Haven't seen the video, nor do I really want to, but that's what the defendant's lawyer will be looking for -- that or an unexpected movement by the pedestrian.
Most pilots seeing a loose animal or child nearby would immediately shut down. But there is an assumption that an adult is not about to kill himself.