If that picture is taken before the accident, then driver is 100% at fault, he drove it knowing something was wrong.
If that picture is taken after accident, doesn't mean anything, as during the accident could have broken any number of the car systems.
The picture above shows Thu, 7 May. The first pictures (of the crash) show May 8. So on the 7th the car told him the features were unavailable, crashed the next day.
If I were driving my family around, in a brand-new, never-before-experienced technologically advanced car, I would NEVER rely 100% on the functionality of the vehicle to keep my family safe. Call me paranoid, but some things are too important to leave to faith.
Also, I read a post earlier mentioning the license plate possibly blocking the TACC sensor in the front grille. Would it beep or otherwise notify you if it were? (ie; adverse weather disabling the sensor/camera) Maybe the 'dealer' (or whoever put the license plate on) he bought it through put the plate over top of the sensor? I'm pretty sure it would warn you though..
Best of luck!