If the car is used as a weapon then it is fair to assume that the injuries caused would be serious or indeed fatal. So a murder charge could be brought, but you would have to prove intent to injure first. However a jury could still except the ‘ I hit the wrong pedal ‘ defence.
That's why it's so absurd that it's treated as a traffic incident, those pedals weren't his to press, it's a robbery gone wrong not somebody driving their car recklessly.
If the car is used as a weapon then it is fair to assume that the injuries caused would be serious or indeed fatal. So a murder charge could be brought, but you would have to prove intent to injure first. However a jury could still except the ‘ I hit the wrong pedal ‘ defence.