In terms of liability it makes sense to try to make sure that the accident remains legally the fault of the other party no matter the number of deaths and the law rarely accepts intentionally harming one person who wasn't at fault in order to avoid an accident and spare the lives of a car with 2 people who were at fault themselves.

Makes sense. Though the design of a motion control algorithm where the inverse dynamics model interacts with a road law expect system to make decisions in a fraction of a second would be... interesting.