Earlier quoted context omitted.
Liability should always lie with the self driving car. In the real world weird shit happens on roads, people adapt and are expected to adapt. What good is a car that I can't trust to be at least as reliable as an overly defensive version of myself?
If human drivers are getting killed in the same spot the same is it still a vehicle saftey problem?
If every million human drivers have one accident and every 1000 Teslas have a similar accident then yes, it is a vehicle safety problem.
An auto driving system needs to have a higher margin of safety than a human driver not the same or worse.