I avoided going there because I didn't want to stir up a ruckus, but yes, at this stage of the game, Tesla is not leading the pack in AEB technology. The tech exists, but for whatever reason Tesla doesn't have it. Could be IP related. Dunno.
Sadly our tort system works against technology. Engineering 'acceptable' losses vs legal deep pockets could stop systems like AEB some day. If Tesla is 1% at fault, and a drunken driver is 99% at fault, a system known to operate with 99% effectiveness is in serious trouble.
The Feds will have to step in like they did with airbags to provide tort relief. Or a SCOTUS ruling that an engineering effort to save lives does not have to be perfect, just better than average, needs to be put in place.