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I would suspect that if Tesla has a rock solid way to determine it was the drivers fault they will fight that till the ends of the earth. (Of course the same could happen even if not the case but that would be a conspiracy and probably less likely for practical reasons).

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Considering that the owner's wife said that she tried the brakes but they weren't working I am pretty sure there will be brake usage logs coupled with associated acceleration/deceleration data. That should tell us if the brakes were applied and if they were working. The acceleration logs will also show if the acceleration pedal was engaged at the time or not. I am assuming that an auto acceleration log is different from a hardware pedal usage log. If not we can't determine if the acceleration was due to software or hardware.

Sure but by the same token in theory if a brake was applied it should work and in this case the car owner is saying it didn't work (hence my video footage comment elsewhere).

Given that this type of accident happens all the time in all types of cars, why is it that the car owner's memory is preferred to a sensor? Because you're basically saying that ALL cars have the same flaw. It's a lot more likely that humans are fallible.

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