You can be negligent because there are rules of the road you sign up for, and get a license for.
But if it's just a job you take with zero qualifications required, how can you be liable? The company, maybe. The programmer? Aren't called code monkeys for nothing.
Oh, I see what you’re saying. I agree. Although even with driving, an unlicensed driver would still be liable.
I suppose it depends what you consider agreement to social rules and how you define liability. I can certainly be held liable for damages for my actions to others which do not require me to hold any license - merely break the law.
Did I agree to the “rules of the road” when I was born? Do I consent by not emigrating?
No idea what the legal precedent for negligent software engineering would be…