If that is possible, yes. I'm not convinced it is possible to create an autonomous vehicle that only panics in situations where there is a safe pull-over, or, if such a vehicle exists, that it'll be considered "autonomous" when it can't go past 25 or 35 mph or something. There's plenty of driving situations that may be confusing where pulling over and stopping isn't possible.

(And, to be clear, I'm not asking for perfect safety, I'm asking for "human or better", and also understand that there may be some interesting fuzziness near the border where the two have different strengths and weakenesses but come out statistically the same. However, I don't feel like we're there yet.)