As the GP states, the entire reason Uber is testing in Arizona is because their state government completely got rid of reporting regulations which were present in CA; the status quo is decidedly not the same as it is for established technologies.
As for scale, look at the other comments where people analyze the risk posed by self driving cars. Your assumption that the risk of death from self-driving cars is less is not backed up by the evidence.
It’s fine to say that self-driving cars might eventually be better drivers than humans, just like robots might eventually be better at conversing than humans.
There is no reason self-driving cars can’t be be tested in private. Uber can hire pedestrians to interact with them—I don’t volunteer to be their test subject by deciding to take a walk.
Self-driving cars are a new and important industrial development that will require adjustments to policy. They don't require revolutionary new legal principles.
For scale: the risk of death from a self driving car will probably be less than the current risk of death from normal cars, and will definitely be less than the risks incurred in the 20th century from cars, buildings, etc.
Self-driving cars are definitely a new and large legal development, but there's no reason to think existing legal principles can't handle them.