One way around this might be to require drivers to manual override in the event of a system error/failure thus accidents would still be the fault of the driver.
That won't work. If the system fails at the wrong time, forcing manual control won't automatically make it the driver's fault. There are plenty of situations where it's not reasonable to expect a driver of average skill to be able to recover from. Just because a system has returned manual control to the driver doesn't mean that it returns control at a point where manual recovery is even possible with normal skill.
Plus, even if a driver of average skill could have recovered from the situation if he or she had been in control of the vehicle the whole time, that's still not accounting for the shock of suddenly having manual control when automatic control is expected. Remember, these cars are being promoted as allowing people to nap on the way to a destination or to read a book. If you create a situation where people need to keep their hands on the wheel, their feet on the pedals, and their eyes on the road in order to be ready for manual control in case the automated driver fails, you haven't actually made things more convenient.
Alternatively, perhaps there could be a smog check like system to ensure the automatic driving system is running properly in order for those cars to legally be on the road.
And they're going to perform this check how often? Because, technically, not even a daily check of every car would catch all the failures. Smog checks only ensure that the emissions are within spec at the time of the check. They're designed to catch cars that have already broken, not to prevent cars already in good shape from getting worse. They won't prevent catastrophic failures.
The only way they could reasonably prevent a decent number of failures would be to enforce a preventative maintenance schedule similar to the one that the FAA imposes on airlines. They'd need to mandate that still-functioning parts get replaced before they wear out and would need to make the cars disable themselves if the replacement intervals were exceeded.
ZV