It is expert defence against charges like this that will undo the whole nearly-but-not-quite autonomous driving industry. And rightly so. I am stunned the industry thinks effectively an [OK] click through is going to save them here.

(And before anyone quotes million of miles per fatality stats, this is a legal question on a single case, generalities don't cleanly apply.

Edit: I think Tesla and co. will need to show that it is reasonable to assume a driver can quickly notice and respond to a hazard particularly after being lulled into passivity for what could be hours by the drive system. Good luck.)