I disagree with the premise that the robot is automatically a better driver than I am. For instance, I slow down below the limit when I see kids more that a block away. I pay much less attention if the people are adults. I also prepare for evasive action at certain intersections just by reputation.
I think the really crazy stuff is going to occur when most cars are automated. The human drivers may begin to expect rational behavior and encountering another human driver may surprise them.
1. Distracted Driving (including texting)
2. Speeding
3. Drunk Driving
4. Reckless Driving
5. Rain
6. Running Red Lights
7. Running Stop Signs
8. Teenage Drivers
9. Night Driving
10. Design Defects
11. Unsafe Lane Changes
12. Wrong-Way Driving
13. Improper Turns
14. Tailgating
15. Driving Under the Influence of Drugs
16. Ice
17. Snow
18. Road Rage
19. Potholes
20. Drowsy Driving
21. Tire Blowouts
22. Fog
23. Deadly Curves
24. Animal Crossings
25. Street Racing
Honorable Mention
High Winds
Loose Objects in Cars
Police Car Chases
Of these 1,2,3,4,6,7,8,11,12,13,14,15,18,20 are human error and pretty much get eliminated.
The weather related items would remain, as well as potholes and tire blow-outs. But an automated driver would probably handle them more consistently and more safely than a human. That's 5,9,16,17,19,21,22.
That leaves design defects (These would presumably increase, since you have both hardware and software design defects to consider now.
Deadly curves (which an automated car would probably handle better than a human).
And animal crossings, which no doubt will still cause accidents, but an automated driver would always be alert for animals, and would react in a more consistent way.
“I disagree with the premise that the robot is automatically a better driver than I am. For instance, I slow down below the limit when I see kids more that a block away. I pay much less attention if the people are adults. I also prepare for evasive action at certain intersections just by reputation.”
It will probably not be a better driver than you in 100% of situations...just 99% or so.
From your examples, even the current-gen automated cars already have far better reaction time and situational awareness than do you. They have a much better chance of stopping in time if a kid darts out in front of the car, or of success if they need to take “evasive action”. They also don’t get distracted, tired or drunk.
To the main thesis of this article, “who gets sued” will be determined by the forensic video and data from the crash, collected by the autonomous car(s) involved. I think the only common cause of avoidable crashes will be equipment failure, which will likely be attributed to either a) insufficient maintenance, b) unusual failure (act of God, essentially) or c) manufacturer flaw. As far as personal liability, only (a) above should be an issue - so car maintenance will be even more important than it is now.