[jillesvangurp]

Even if it was on, failing to act would be the problem because you are supposed to pay attention while it is on. So, it's by definition a human error.

And with some drivers being a danger to themselves and others, you might legitimately wonder if fsd wouldn't be the better alternative.

People die every day on roads. Mostly because they are being people and get drunk, tired, distracted, reckless, etc. It's very likely the driver ticked one or more of these boxes. The simple explanations are usually the right ones.