It isn't a matter of recognizing the 1%. You should be braking for yourself 100% of the time. If you occasionally fail to do so, the car will manage to save you 99% of the time.

It is crazy to see a situation in which you should brake and to intentionally choose not to with a non-autonomous car.

This is not very different from any normal car with cruise control.

A normal car with normal cruise control does not keep itself in a lane. Nor does it adjust for the speed of other cars. All it does is make your speed a constant; you still have to steer and initiate any and all braking or overtaking maneuvers.

Some do adjust speed. The point being, neither is a fully automated auto-pilot - the human behind the wheel is always responsible for stopping the vehicle or steering away from obstacles in an emergency.

Perceptually it's very different. And it's perception that matters a whole lot here, unfortunately.