How is the title not accurate? That is the novel part of the story.
Honestly not sure what the correct course is here. Including the restaurant owner better represents the whole picture, but isn't as focused.
If they only sued Tesla, they might get taken to a less sympathetic federal court. By including a Texas defendant, Tesla can't take them out of a state court that may very well be far more sympathetic to local police, or simply more plaintiff-friendly in cases sounding in negligence or products liability.