No, the fact is that the child sustained minor injuries. And, fact: no human driver made the decision to drive a vehicle in that exact position and velocity. Imagining a human-driven vehicle in the same place is certainly valid, but your imagination is not fact. I imagine that the kid would be better off if no vehicle was there. But that's not a fact, that's an interpretation -- perhaps the kid would have ended up dead under an entirely different tire if they hadn't been hit by the waymo!

Instead of a human who was driving exactly the same as the Waymo up until the instant the child ran out. Important distinction.