Tesla should be held liable. Their autopilot mode is terrifyingly bad. One of my best friends owns a Tesla Model 3 and showed me the autopilot mode-- the whole time he was saying "just wait, it'll fuck up somehow" and sure enough it inexplicably tried to take a right exit off the highway by jamming the brakes and veering to the right until my friend took manual control over it again.
I honestly can't believe Tesla autopilot mode is allowed on roads. It's so clearly still technology in its infancy and not at all ready for real-world application. The company misleads Tesla owners into a false sense of safety and has hoards of lawyers who've quite clearly done everything they can to protect Tesla from any liability. Lawmakers won't adapt because the whole system is reliant on not stifling the almighty growth of corporations like Tesla.