The AI wouldn't drive into a tree in the first place. If you jump front of it, it may run you over, but that's your fault. We can't expect AI to make ridiculous calculations on who to kill. The AI's priority is it's occupants. People outside of the vehicle are responsible for themselves. It's exactly the same as when a human drives. When you and your kid jump in front of a car and die, your surviving family doesn't get to sue the driver for not choosing suicide instead.