It's a possibly interesting question with a bad example case. In the specific crash cited, the human driver stated that they reached the same conclusion the car

It's a possibly interesting question with a bad example case. In the specific crash cited, the human driver stated that they reached the same conclusion the car did. So to the extent that the car's algorithm was "gameable" here, a human was gamed the same way. (Besides, since the "win" here was "Get the car to crash into your vehicle," I wouldn't call it "winning" precisely ;) ).