I'm still trying to imagine the facts where the "failure to avoid" law would apply.
I suppose someone might just be stubborn enough to stand her ground even as an out-of-control cyclist hurtled toward her, but I'll be very surprised if those are the facts in this case.
And this does not apply in this case, but in the states were I've lived, pedestrians and cyclists are supposed to be on opposite sides of the road (pedestrians walking against car traffic; cyclists moving with it). In that case, I can see where the pedestrian might share fault (or even be entirely at fault) because he was on the wrong side of the street.
As it happens, I've had two close calls lately where I was nearly hit by a cyclist who came up behind me suddenly when I was walking on a sidewalk. I'm not 87 and wouldn't have been killed, I don't think, but could have been injured. I assume the cyclists would have been at fault had they hit me because they're not supposed to be on the sidewalk in the first place, but now I'm wondering: do I need to install rear-view mirrors on my glasses?