The nature of the punishment does not necessarily follow the same rules as for human incompetence, e.g. if the error occurs due to some surprising combination of circumstances that no reasonable tester would have thought to test, which I can't really give an example of because anything I can think of is absolutely something a reasonable tester would have thought to test, but for the sake of talking about it without taking this too seriously consider if a celebrity is crossing a road while a large poster of their own face is right behind them.
Don't get me wrong, perfection should be the long term goal. However I will settle for less than perfection today so long as it is better.
Though better is itself hard to figure out - drunk (or otherwise impaired drivers) are a significant factor in car deaths, as is bad weather when self driving currently doesn't operate at all. Statistics do need to make sure self driving cars are better than non-impaired drivers in all situations where humans driver before they can claim better. (I know some data is collected, but so far I haven't seen any independent analysis. The potentially biased analysis looks good though - but again it is missing all weather conditions)
The benefits of self-driving should be inrefutable before requiring it. At least x10 better than human drivers.
Right now… Tesla likes to show off stats that suggest accidents go down while their software is active, but then we see videos like this, and go "no sane human would ever do this", and it does not make people feel comfortable with the tech: https://electrek.co/2025/05/23/tesla-full-self-driving-veers...
Every single way the human vision system fails, if an AI also makes that mistake, it won't get blamed for it. If it solves every single one of those perception errors we're vulnerable to (what colour is that dress, is that a duck or a rabbit, is that an old woman close up facing us or a young woman from a distance looking away from us, etc.) but also brings in a few new failure modes we don't have, it won't get trusted.