The OP is suggesting neuroatypical people might be flagged as being inattentive despite being attentive due to being underrepresented in the training set.

Falsely flagged is the keyword your statement ignores.

I think the question was asked with the implied addition 'What Tesla says won't matter in court.'

I don't agree with that though, for two reasons.

First, it will be harder for them to fight, meaning it will still be a source of bias even if the court isn't biased at all. Even if they can show it was a false flag, that is time and money others wouldn't have to spend. Potentially time and money of someone who was in a life altering crash.

Second, it would not be surprised that the court ends up being biased towards the manufacture and would give undue weight to them because they have the fancy algorithms and all the well payed lawyers.