Whether if it is either autopilot or Fools Self Driving mode, if this driver did not have their hands on the wheel then he is absolutely in deep trouble.
Tesla themselves got into trouble after previous crashes and are finally telling their drivers to keep their hands on the wheel at all times, and toned down their false advertising.
I can't imagine the lawyers going after him when they can go after the world's only trillionaire.
The latest FSD does not attempt to check if your hands are on the wheel at all.
Whatever they do or don't say in the fine print, they and their CEO clearly communicate to every Tesla owner I've met that you do not have to keep your hands on the wheel. tesla.com/fsd has a splash page showing someone driving the car hands-free. I do agree that the driver should also be held responsible.
Hands on wheel doesn’t absolve the FSD from stopping the car before hitting the wall/object. And the person. This was completely avoidable.