ya, I don't see where he could do anyting to avoid him, the guy was trying to get in his way to slow him down because he felt tony caused him to wreck and on a dirt track cars slide easy so anything tony could or would try to do to avoid him would make the car slide up and hit the guy so while some might think he hit the gas to try to hit him he was only doing what he could to maintain control trying to not hit him.
if anyone cant find the video, this is the best one I have seen on it but its still not a good view to see what really happened.