Sometimes, yes. The radar my old Infiniti G35 used would sometimes get confused when facing into the sun in the late or early day and do bad things (in either direction: losing the car in front of it or decelerating unnecessarily). It was still HITL: I'd tap the brake and mitigate the bad thing it was doing.

HITL doesn't mean that a human never has to intervene or is never surprised by what the system does. It just means that a human initiates actions and can exercise genuine oversight and control.