A driver with a disability that makes a computer system classify them as an inattentive driver is not the same thing as a driver with a disability that makes them inattentive.
But when it comes to actually reviewing a case in an accident, you would want to review the actual footage, not just the metadata.
Looking at just the metadata is already problematic. For example, the “hands on wheel” metadata in a Tesla is based on angular force detected on the wheel, not actual hands on the wheel. Tesla will report that the driver didn’t touch the wheel in X seconds, when it would be more accurate to say the driver didn’t apply angular force, although their hands might have been resting on the wheel the whole time.
If an ADD person does then get into an accident, should they endure higher civil and criminal risk, regardless of prior performance and in light of their condition?
I'm not understanding your point here, and you seem to contradict yourself a little bit.
A driver with a disability that makes them inattentive can't be a "safe driver." Having a disability that makes them inattentive, appearing inattentive, and getting into a crash (autopilot or not), seems to be a "three strikes and you're out" situation, IMO. You'll have a very hard time convincing me the person wasn't at fault in that situation.
Certain disabilities prevent people from driving cars safely. It's unfortunate, but it's just the way it is.