The inaccurate assumption is assuming driver error if the accelerator pressure near 100%. Seriously who slams on the brake, hitting accelerator by mistake, without a reason? Like the Doctor in Texas had an accelerator pressure of like 96% driving into the trees, despite having Teslas cruise control set to 30. How does an investigator logic that the driver hit the wrong pedal near max pressure for no reason and kept that pressure all the way to their death?
In that accident the driver was above the legal limit so I'm guessing they are using that as reason. However that doesnt explain the perfectly straight tire lines. So this intoxocated driver decided to slam on the brake while negotiating a turn and drive straight into the trees. Yes he was too intoxicated to identify the correct pedal, that the Tesla was speeding up, but apparently not too intoxicated to drive perfectly straight to his death.
Meanwhile an alternate explanation exists that does explain everything that happened. Electromagnetic induced glitch caused sudden unintended acceleration and vehicle to veer, likely navigation glitch, into what it believed to be the correct new path.