> I would be very worried that the court would indeed find the driver negligent.
I use open pilot on the highway, and I love it. I had to physically tap into the CAN bus for my car's safety system, that made me very nervous. But the installation is completely reversible, and I'm much more comfortable with it's limitations. I just treat it as a really great adaptive cruise control and active lane keep assist.
But that's all it is. I would be completely responsible in most situations if my car caused an accident while open pilot was active. Open pilot's design has it immediately drop all control of the car if you touch the brake or gas, it does not aggressively follow cars, and the driver is still required to control the car. So if I start to become uncomfortable I need to immediately take over.
Assuming that open pilot will always act within it's safety guidelines doesn't mean that its safe. Toyota's paid tens of millions in fines and settled multiple lawsuits over unintended acceleration. I believe that using openpilot on the highway means I'm a safer driver. But I do understand that if I did get in an accident proving I'm not negligent might be extremely difficult.
I agree with you, liability is a very important part of self driving functionality. I won't think a car has full self driving capability until I can get in the back of that car, go to sleep, have it drive me somewhere, and hold no legal or financial responsibility for any accidents that occur. Openpilot is nowhere close to that, but I do think it's really good for what it's meant to do.