The final outcome will be determined in a court of law or insurance companies, but if I was a betting person, and I do like watching Forensic Files BTW, I might lean towards siding with Tesla on this one.
Playing the devil's advocate here (and apologies if the question has already been answered elsewhere):
Since it is clearly in Tesla's interest that this comes down to a case of "driver pedal misapplication" and since they quote their sensor logs to support their version, Tesla would have an incentive to falsify these sensor logs.
Are these logs in any way tamper proof so for example NTSB could convince themselves (and the courts) that the sensor logs reflect actual measurements?