I'm not certain of the specific section you are referring to, but I know most of that loop does not have a sidewalk. If that's the case, the pedestrian does indeed have a right to use the bike lane... or the traffic lane if there is no shoulder or bike lane.

Did the driver stop? If not, he's at fault because he left the scene. If so, you might be screwed if you swerved in his path, but he's liable if he had time to avoid you.

Sorry if that's not good news, but that's my honest take on the situation. When I see anything in my way, the first thing I do is cover my brake and check my shoulder. If I can't move over safely, I start applying the brakes. As said above, protect yourself... both from obstructions and from other vehicles and beings.