I don't think anyone weighs out the 'what if' scenario when taking evasive action. Its not as if someone has time or is capable of thinking "this person just pulled out, should avoid them and risk losing control and injuring and killing other people, or should I just hit them" Pickups are unstable vehicles - far less stable than cars - I doesn't take a huge drastic movement to lose control like that. I'd agree - its still on her, but it would lend an element of 'accident' rather than recklessness... That said: Given what Rattle mentioned above, its looking possible that swerving like this was an 'aggravated' action (either by her or him) - possibly under the influence.
