My point is if someone were to respond "I thought I saw a deer/child/car swalloing pothole" they wouldnt be at fault. It's their right to avoid perceived issues

My point is if someone were to respond "I thought I saw a deer/child/car swalloing pothole" they wouldnt be at fault. It's their right to avoid perceived issues. And its not like the tesla sufficiently cut off the stopping distance for the car behind it (one lane to the left) that car was able to brake substantially/sufficiently (hard to tell exactly in the video). Luckily it's not up the adjuster, it's up the courts.