That does not necessarily end the legal analysis. Michigan uses comparative fault rules in personal injury cases, so a pedestrian's conduct can affect the damages available from an at-fault party, depending on the facts and the type of damages sought.
That is why evidence matters more than competing versions of events. A statement made at the scene does not necessarily tell the complete story.
One conversation is enough to know where you stand. It costs nothing, and you will speak with Brandyn.