Yes that is definitely a possibility. However remote, that is the only possibility that i can think of. Errant 'buffer-overrun' code writes a value in 'accelerator pressed' variable, and downstream code logs it and also takes action. So if you look at the logs, everything points to the user pressed the accelerator.
Yes and European Tesla's must have different software, as that kind of "we must find a way to explain to ourselves why the poor TS had this happen to him" behaviour does not happen anywhere else outside the USA. Plenty of SUA's here on the continent, but always the human driver to blame, who readily admits it. I mixed up D and R once myself. Wrecked my son's bike as a result (2 ton car vs Bike = 1:0).
Here in Switzerland, a local soccer-mom pressed on the go-pedal of her MS, then, pressed it some more as she thought she was pressing the stop-pedal and drove it straight into the concrete wall before here. Kablam !!
She did not even try to blame it on anyone but herself. No "the car did it" baloney. No sorry it was me. I messed up. I'm sorry for damaging your building Sir. I will inform my insurance and i'll take care of it.
It did not even make it to the news (it helps not having media-manure like CNN, FOX or CNBC over here, no media-chopper above you with a sleezeball reporter blowing things totally out of proportion, all for the ratings, all for the money...)
It is a mentality issue. Americans love conspiracies, blaming others, dragging their asses into court over everything. I'll sue i'll sue is the first thing that seems to come to many peoples minds when something happens.
It has become a cultural thing. But it's not normal. Do you know what people in the rest of the world say when they hear/read about this sort of thing? They say "only in America".
I love the USA. Have been there many times, both for business and holiday and the people are so friendly and everything. But folks honestly, don't act like this.