Driver assistance that takes care of everything (i.e. steering, braking, navigating, parking), that at the time the accident occurred didn't even require hands on the steering wheel?
Seems like an attempt to shift the blame off the autopilot system and onto the driver.
This case is in fact the first autonomous test vehicle caused fatality.
There were at least several Tesla autopilot related fatalities and injuries, but I would seriously not put those into self driving bag.