[Angrybird 12]

After watching the video several times I do believe because of the black drivers suit and dark corner Tony may not have been able to see him until it was too late, it also looked to me like he was swerving trying to miss him.
I wouldn't put too much stock into eye witness accounts though. There are too many that will say he did it on purpose because they don't like him. Just as his fans will say the opposite. I say let the videos and at the scene evidence do most of the speaking.