Right.. there could be a few scenarios where it could have happened, but I highly doubt that he would have went to the back seat if the car was engulfed in flames. e.g. he was really drunk, the fire didn't start until later, he buckled himself in to wait for cops, dozed off and succumbed to smoke inhalation. You really don't think one of the first things that a drunk tesla driver that was in an accident would think would be to blame the automated driver?