In the video, there appears to be a shoulder with plenty of escape room.
Is there any attempt made to un-distract the driver? Flashing brake lights? Horn?
The June report from Google (http://www.google.com/selfdrivingcar/reports/) contains some interesting language:
"The Google AV had been stopped for about 11 seconds at the time of the impact"
The cynic in me thinks they are intentionally avoiding technology to address these types of accidents so that they can unequivocally prove the the AV had no fault (i.e., had been stopped for x seconds).