Earlier quoted context omitted.
why do you say that? sounds like he was braked-checked by the tesla of course, in a large sense, the one that hits from behind is at fault, but brake-checking is problematic
Problematic and completely unexpected. No one speeding past you is going to brake check you for moving into their lane, so this kind of behavior from a computer is inevitably going to lead to accidents.
The car behind is always responsible for maintaining distance.
Realistically, if the tesla felt squeezed by a car it was passing, going a bit onto the shoulder would have been what I would have expected from a human driver. But no auto steering, tesla or otherwise, is going to do that.