I think the point here is that, had the 5342 pilots followed PSA procedures (i.e., not accepting an approach that wasn’t previously briefed), they would have refused the circle 33 offer by ATC, thereby avoiding the accident.
The airline lawyers will point to the many ignored near miss reports in arguing that this accident was waiting to happen and that it was just luck that this accident didn't happen sooner.
The plaintiff lawyers would have a better argument against the airline if they had deviated from the approach.