[flibbityflob]

I think if the Tesla had been avoiding a hazard, there would be a lot more gray area for FSD to hide in. It’s true that sudden braking and swerving is sometimes the least-bad thing for a driver to do, but if a human driver showed a pattern of repeatedly performing that maneuver for no reason, at some point a reasonable person would have to conclude that that driver is at least partly at fault for the inevitable crash that happens.