I find the person's story entirely reasonable. In a panic situation, such as this, depending upon an individual's heartrate, adrenaline levels, and respiratory rates, the ability to look at a situation normally, starts to break down. For sure there are optimum zones for these things in people and their ability to function optimally. You'll see it in competition like when a player who just scores an inordinate amount of points is interviewed and tells everyone that the basket just looked really big. That's why people who can be exposed to high stress situations - Secret Service, athletes, law personnel - practice in real life situations. Because once your heart rate goes above a certain level, your cognitive, reasoning, vision, auditory, and motor skills break down.
This man was in a high stress environment. He knew about Toyota's problems. He knew about the fatalities. Now he was in that same scenario on a freeway with his car taking off and what might appear to be reasonable alternatives to you and me here sitting typing with our heart beating at 70 or so, his was probably pounding with elevated adrenaline levels. He was in panic mode and one that he never expected to be in nor had ever practiced for.
If he decides to sue, there will be plenty of medical data to support the decisions he made or didn't make. He's lucky.
