The dude on their phone is not comparable to the an AV carrying a family of 5 unpredictably veering into a concrete divider. One is negligent, the other has done nothing and could have done nothing, they only trusted the system. How do you reconcile it as merely a question of numbers then? So you trade 100 human-error accidents for 5 "blue moon" AV accidents, and this is good because it's statistically much safer. But that's also 5 accidents that wouldn't have happened to safe, diligent drivers.