Or is it crazy to expect a user to be able to react instantly to the 1% use case?
It is crazy to see a situation in which you should brake and to intentionally choose not to with a non-autonomous car.
If a person was behind that stopped van, trying to figure out what the van's problem was, or if they had the van jacked up on one corner to change a blown tire, this same crash could easily have been fatal.
Stationary vehicle, in a traffic lane, on a major artery, is a bad situation whether or not your car is piloting itself.
I have a recent BMW with ACC that shows the same behaviour.
It's not an ultra rare event (I experience it roughly once every other day) and it's also not a problem as a driver.
Also with ACC: Just swerve right and ACC will happily crash you into any other stationary object like a lamp post or a wall.
Bad to hear that they released it knowing this was an issue, because I wouldn't expect myself to be able to react to this.
Humans are not capable of handling these types of nuances well at speed. Being an active driver and being an inactive driver that needs to stay alert enough to catch the few cases where you run into "known issues" is just not going to work well.
As I'm typing it I'm suddenly having a wave of guilt for all kinds of software bugs I've written where the answer was "it's a known issue".