> Waymo will still have to accept some responsibility
Why? This is only true if they weren't supposed to be on the road in the first place. Which is not true.
Bringing a vehicle onto the public roads is a privilege not a right. Any harm to pedestrians that results is your responsibility, not anyone else's.
In a technical sense, maybe, but it's all going to be about optics. They have a responsibility to handle the situation well even if it's not their fault, and the public will hold them accountable for what they deem the involvement was, which may not be the actual scenario.
Think of it like dog ownership: if my dog hurts someone, that's on me. Property that causes harm is the owner's responsibility.
If I program a machine and it goes out into the world and hurts someone who did not voluntarily release my liability, that's on me.