Beware clickbait and intentional inflammatory posturing. I noticed The Verge selectively quoted Tesla without directly linking to the source (although it was part of Elon's tweet):
https://www.teslamotors.com/blog/tragic-loss
The full context of the agreement:
"It is important to note that Tesla disables Autopilot by default and requires explicit acknowledgement that the system is new technology and still in a public beta phase before it can be enabled. When drivers activate Autopilot, the acknowledgment box explains, among other things, that Autopilot “is an assist feature that requires you to keep your hands on the steering wheel at all times," and that "you need to maintain control and responsibility for your vehicle” while using it. Additionally, every time that Autopilot is engaged, the car reminds the driver to “Always keep your hands on the wheel. Be prepared to take over at any time.” The system also makes frequent checks to ensure that the driver's hands remain on the wheel and provides visual and audible alerts if hands-on is not detected. It then gradually slows down the car until hands-on is detected again."
So the key here is that Tesla autopilot is a driver assist but is positioned such that the driver needs to remain alert and able to assume control of the vehicle at any moment. So when it is said, "Neither Autopilot nor the driver noticed..." it is critical to note that ultimately the driver failed to control their vehicle. Personally, I find this reasonable.