This language is a bit of a sticking point for me. If you're drunk driving or driving distracted, there's no "accident". You're intentionally doing something wrong and committing a crime.

The point is the choice of taking precaution part that you left out of the quote. The other day I was taking my kid to school, and when we turned east the sun was in my eyes and I couldn't see anything, so I pulled over as fast as I could and changed my route. Had I chosen to press forward and been in an accident, it is explainable (albeit still unfortunate and often unnecessary!). However, if I'm under the impression that my robot car can handle such circumstances because it does most of the time and then it glitches, that is harder to explain.

Indeed, yet humans can anticipate such things and rely on their experience to reason about what's happening and how to react. Like slow down or shift lanes or just move ones head for a different perfective. A Tesla with only two cameras ("because that's all humans need") is unlikely to provably match that performance for a long time.

Tesla could also change its software without telling the driver at any point.