That’s not the point. The point is if Teslas marketing led the driver to over estimate the car’s capabilities leading to him engaging in reckless behavior. He admitted on the stand that he was acting careless, that autonomous mode required supervision; however, he also admitted that he thought that the car would drive better than a human and intervene when required _based_ on Tesla’s marketing. When you look at Musk’s tweets and the Paint it Black video the jury agreed that it was not an unreasonable belief that was factually _not_ true and found Tesla 33% guilty of the accident.

The fact that Tesla purposely mislead the investigators and hid evidence was why the jury awarded such a large sum.