Your scenario makes sense except that the driver of the red truck said he pulled back into the lane AFTER he had avoided the accident. For both you occupy the same piece of road he would have to have seen that the other vehicle was there. That isn’t AFTER, that’s while its happening.
The facts seem to be that the red pickup avoided a collision. (He is correct, thinking he avoided the accident, isn’t he?)
They are not charging this guy for a reason.
Because the Governor caused this accident by being careless and dangerous.