The important catch here is "paying attention". I guess the way Tesla is marketing their "Full Self Driving" technology leads to people paying less attention. If you market your technology as "Emergency Breaking System" people will be less likely to pay less attention.

Also, an emergency breaking system doesn't have to be better than humans in general. It is sufficient to beat humans in certain facets like reaction time (kid jumping onto the road) or tough lighting. LiDAR has it's own weaknesses I guess. But if the driver and LiDAR can hit the breaks we get best of both worlds.