The accident did happen no matter what the technology is called AP/EAP/FSD/FSD beta...
Tesla Autosteer technology has been known for steering in the wrong direction since the inception of Ap1, Ap2, and now Ap3, so this is not new. That's why it's not a GM Supercruise hands-off and eyes-on feature. It's Tesla's hands-on feature even some want to defeat it by selling some gadgets.
The video showed a truck in front changing lanes from lane 3 to lane 2 on the right, and the Tesla was traveling on lane 1 on the left then hell broke loose as the car veered toward the left into the median.
www.veed.io
I have both FSD and FSD beta separately in 2 cars. Before I got the FSD beta, I don't recall such behavior but when I first loaded FSD beta, I immediately experience that behavior on freeways right away even when people keep telling me that FSD beta is for city streets and it should not affect the highway behaviors.
My FSD beta still does as of today while my FSD car doesn't.
This is not unusual because we also have another case cited in the New York Times that the Tesla was doing an Auto Lane Change at 77 MPH from the left lane number 1 and it suddenly slowed down and aborted the Auto Lane Change. It slowed down so much from 77 MPH to 55 MPH and the car behind hit it. It's probably because there's a flashing tow truck parking well within the right shoulder near the highway overpass.
https://vp.nyt.com/video/2022/08/16/101991_1_tesla-crash-hp-promo_wg_720p.mp4
Photo: The New York Times
To assign blames, Tesla legally says on the order page that:
"The currently enabled features require active driver supervision and do not make the vehicle autonomous."
Thus, the driver must drive and not give up the car's controls.
In this thread, I think the accident could have been prevented if the driver had hands on the steering wheel.
In the New York Times case, if the driver is familiar with the phantom brakes and controlled the speed to the traffic flow of 77 MPH and not 55 MPH, the accident could have been prevented.
So, yes, the drivers are legally blamed for using a technology they cannot react to timely to gain back the controls.
On the other hand, if these cars had no sophisticated Tesla technology (that reacts to a parking truck on the shoulder and lane changing truck to the adjacent lane but clear of Tesla's lane) and those cars only have simple technology like manual controls or GM Cruise (that are not sophisticated enough to react in the above scenarios like the sophisticated Tesla technology can) then there would not be accidents in those 2 above scenarios.
So, yes, Tesla technology needs to improve so that it should not overreact to those 2 scenarios. Without acknowledgment of the problems and improvements, accidents will continue to happen.