yeah . . . and lets say the driver was not distracted by a rabid Saint Bernard in their lap with his head hanging out the window . . .
The report says:
"California Highway Patrol Officer Adam Lane said it was not clear whether the driver may have been intoxicated or whether the Tesla Model S was operating with automation or driving assistance features."
Yup,
driving intoxicated or distracted has the same risks as not being attentive when using driver assist. This is clearly the fault of the driver who was either drunk, high or just not paying attention.