Yes trial attorneys will keep the bar very high for safety. As they should. But the bar in not infinitely high. Tech companies are salivating to disrupt the transportation market. They want a piece of your car payment, your insurance payment, your taxi spend. Insurance converts the minute risk of large accident costs into fixed premium payment. Lobbying helps convert financial capital into political capital and then into regulatory change. Our political process tends to follow the desires of the top 0.1% more than the bottom 40% combined.
Our current regime of car infrastructure was once unthinkable. Entire neighborhood were bulldozed to make way for highways. Yet today the government paying for highways, roads, and mandating each building be surrounded with amble parking is the status quo.
Rail is a much more efficient way to move troops and equipment. Modern warfare requires lightning fast movement which means cargo planes. Eisenhower himself used a “New Look” policy of relying heavily on nuclear weapons so that the army could be scaled back.
I doubt the public and their political representatives (absent regulatory capture) would turn over control to a mere average robot. Do you think, for example, most people would be okay in a drone airliner that is equivalent to the average pilot? I suspect most people would balk at the idea. A large part of the public policy piece is about trust; humans have evolved to understand and predict the behavior of other humans which leads to mental models about who can be trusted and who can't. We don't have those same evolved intuitions about robuts and, when combined, with our natural risk aversion biases, it's going to take a lot more than "average performance" to get society as a whole to fully trust robotic safety critical operations.