It's an interesting argument, I believe that the AI in control if correctly programmed would not allow itself to be driving in such a way.There is also a significant moral issue around the decision making that must occur at the point the AI driving the vehicle realises it has to either sacrifice it's occupants or another human as an accident is unavoidable.
Of course there is a statistical chance than a nun, a pregnant mother wheeling triplets in a pram attempt to cross a motorway on foot where the autonomous car who's sole occupant is a convicted murderer and drug dealer travelling at 70mph. (or usually 50mph in wales) has to make a decision.
We also may not be taking into account that the passive safety in vehicles is such that if obeying the traffic regulation no-one in the vehicle would be seriously harmed even if evasive maneuvers were required.