Tesla should have records of all of the communications and should open them up. I suspect the calls themselves will confirm the driver's story and I suspect that tesla has these recordings, so the real question is why haven't they used those to defend themselves?
More generally this is a sad day for HN. Attack the argument, don't attack the actor. This isn't CNBC or Fox: attacking credibility doesn't constitute a logical refutation of the nYT piece.
I don't quite agree that it's attacking his credibility. It seems that something happened, and we're trying to figure out what. Whether the author would have a reason to lie about it figures into the calculation, but is not the entire calculation. Thus, we must question him. It's intertwined with the issue at hand, no question.
I think HN is doing a fine job of arguing both sides.