The comment is a bit naive though.
What is your statistical model for such failures? let's go with the example and assume that from now henceforth forevermore, all AVs will run through caution tape (which is obviously not true).
What is the frequency of caution tape being drawn across the road in front of an AV vs. the frequency of JUST drivers driving drunk, or JUST speed violations, or JUST texting violations, or JUST distracted driving, etc.?
Though, we definitely ought to hold companies' feet to the fire when they are liable for incidents like this. Which we aren't really doing.