However if your tire blows out you’d be expected to demonstrate that you regularly inspect them for ware or damage and there hasn’t been a recall etc. That same level of proactive care is going to be applied to self driving systems.
1. Both car manufacturers and car drivers can be liable, even with self-driving cars. Any confusion here is likely due to conflating the car with the car manufacturer.
2. The proposed law wouldn’t assign liability, it would simply remove “the AI did it” as a possible legal defense.
Being the first member of the general public to use a 100% self driving car the first day it’s available might even be considered reckless if it then crashes that day.
Later of is a model is preforming poorly operating such a vehicle could be called into question etc.