Mike, my post is really not about that incident although it did raise my level of awareness.
It is more about driving/non-driving. I guess my position is that if you choose to not drive, you should be riding on some form of public transportation. To sit in the driver's seat of a private conveyance implies a measure of responsibility. If you allow yourself to be distracted by in-car electronics, a good book or simply gazing out the window at the scenery you should not be in that seat.

Do you not think there could have been contributory negligence by the Tesla passenger/driver? If he was not distracted could he have avoided the accident?