I'm not so sure disengaging autopilot because the driver's hands were not on the wheel while on a highway, is the best option. Engage hazard lights, remain in lane (or if able move to the slowest lane) and come to a stop. Surely that's the better way?
Just disengaging the autopilot seems like such a copout to me. Also the fact it disengaged right at the end "The driver was in control at the moment of the crash" just again feels like bad "self" driving. Especially when the so-called self-driving is able to come to a stop as part of its software in other situations.
Also if you cannot recognize an emergency vehicle (I wonder if this was a combination of the haze and the usually bright emergency lights saturating the image it was trying to analyse) it's again a sign you shouldn't be releasing this to the public. It's clearly just not ready.
Not taking any responsibility away from the human driver here. I just don't think the behaviour was good enough for software controlling a car used by the public.
Not to mention, of course, the reason for suing Tesla isn't because they think they're more liable. It's because they can actually get some money from them.