This is exactly the issue. The driver isn’t at fault, because they’re not even driving the thing. The program is. But are we going to prosecute a programmer who genuinely tried their best to make a good product?

Unless we hold corporations overall liable for this, there is no recourse. And we should hold them liable. If they can be sued for accidents caused by self driving cars, they’re sure as hell going to make them as safe as technologically possible.