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According to the police report, the car was a Model S on FSD, driven by a 78 year old man. Nothing in the report suggests that the driver was doing anything unusual. It points the finger at the driver for not taking control when the braking started.
Yes, and there is at least one thing that is clear from the video alone: The driver let an extended period of time go by while continuing to do nothing. Granted once he got hit, he was probably freaking out, and freezing up when freaking out is fairly common.
I wonder if he simply fell asleep at the wheel, FSD shut off as advertised, and then the car just came to a stop b/c his foot wasn't on the accelerator. In the video, the braking doesn't look as aggressive as phantom braking that I've experienced, it looks a lot closer to just normal regenerative braking.