Wait, you were hit by a car, from behind, right? The car should pay. You don't have any obligation to stay in the bike lane so if they hit you, they are at fault, even if you "swerved" into the roadway. Cars have to give enough room for that possibility.

The guy was walking with the dog, right? Well, it might be stupid to do so, but is there an actual prohibition regarding pedestrians being in the bikelane? I tend to want to support the concept that pedestrians have right of way wherever they are, since they were kind here (on earth) first before all of our dangerous vehicles encroached on their rights to wander...