It's an interesting case. During the initial summary I was with Tesla. That particular crash is very clearly the driver's fault.
There's a lot of talk about "the average consumer", but I think Tesla is in the clear there, mostly. The average consumer isn't that fucking dumb.
However, Tesla also has the knowledge that a segment of their customer base is fanatical, and the average fanatical consumer will misunderstand and misuse the technology. Tesla encourages this fanaticism, has all the data to combat it, and has been negligent in allowing it to endanger lives.
Tesla also brags about having the data, yet refuses to use it to make their technology safer. They knew this guy was a danger to himself and others, and they were negligent in allowing that behavior to continue.
They didn't make the guy put his foot on the gas, but they knew he would someday.