> For example, "The driver is still 100% responsible, just as they would be for cruise control" is absolutely not going to impress anyone as a defense if there is enough property damage or personal injury involving such a feature to justify a class action.

Class action vs. direct action is immaterial; Tesla can't disclaim it's liability for manufacturing g defects even if it tried, and stating that the driver remains responsible for following traffic laws isn't even superficially a disclaimer of product defect liability anyway.

Product defect liability is strict liability for damages produced, and there's a fairly high bar for excluding liability due to intervening causes which would not generally apply to the simple negligence of a driver (either of a Tesla or the other involved vehicle) which contributed to a collision where the defective operation of an assist system was also a contributing cause.

If you’re not at a safe following distance behind the car in front of you, regardless of why they’re stopping, your driving skills are deficient. Following distances don’t change because it’s a Tesla; you shouldn’t follow closely as a tire blowout or a piece of debris falling into the path of travel of the vehicle in front of you is just as possible. Im sure there are states with more strict statues; they aren’t the majority of states.

Anyone can sue anyone in the US. Take it up with their general counsel.