As much as it's absolutely the driver's fault, it's also an inevitable accident.
Wrongful death is about $500k-$1M (but should be higher). Tesla market cap is $500B. Damages for O(one million people) are equal to Tesla's market cap, so this is not even bad for business; it's simply factoring in externalities into the cost of doing business.
A good split might be criminal system for the driver (which ranges from fines to prison time, and is designed to be punitive), and civil system for Tesla (which is only financial, but designed to cover the financial cost of the death to the family).