So the assumption is that the driver didn't even try to pay attention, lulled by Tesla's messaging, ignoring warnings that are "only there for legal reasons".

To me, this is a clear example where personal responsibility is not enough. And the system needs to be adapted so that people don't make these choices. Of course, Tesla would argue that there's no systemic problem, and these are just unfortunate instances.

I'd prefer if this question weren't discussed over accidents alone. But since Tesla's public stance stops at "safer than humans", this is where we are.