The bigger issue here is how this deniability is all too convenient for Tesla. The process goes like this:
1. Ship a clearly half baked system called "Full Self Driving".
2. Require driver's hands on the wheel at all times.
3. Be extremely non-transparent about your system's safety. Tesla's crash reports in the public NHTSA database contains absolutely no details. Everything is redacted, we can't even know if the crash happened with FSD or with plain old Autopilot [1]. This is in stark contrast to the reports filed by driverless companies like Waymo and Cruise to the CA DMV [2], which Tesla refuses to do.
Also publish a "safety report" that's entirely marketing BS, which doesn't control for many factors (highway vs city streets, geography, time of day, age of cars, safety features, demographics) and hence is not apples-to-apples. Claim it's "safer than humans".
[1] https://www.nhtsa.gov/laws-regulations/standing-general-orde...
[2] https://www.dmv.ca.gov/portal/vehicle-industry-services/auto...
4. When an accident happens, just say it's the driver's fault and that they should've known it's just an L2 system.
5. Tweet about FSD vN+1 that's going to totally bring Full Self Driving by end of the year.