The Emerging Risks of Self-Driving Car Accidents

The sight is becoming more common on Atlanta’s streets. A car glides through traffic on the Downtown Connector or navigates the busy intersections of Midtown, yet the person in the driver’s seat has their hands in their lap. These autonomous vehicles, or “self-driving cars,” are no longer science fiction; they are a present-day reality, promising a future of increased safety and convenience. But when this technology fails, the consequences can be devastating, leaving victims to navigate a legal maze far more complex than a typical car wreck.

An accident involving a driverless car raises immediate and difficult questions. Who is at fault when there is no driver to blame? Is it the car’s owner, the manufacturer that built it, or the company that wrote the software code?

What Exactly Is a Self-Driving Car?

The term “self-driving” covers a wide spectrum of automation. It is not an all-or-nothing technology. The Society of Automotive Engineers (SAE) has defined six levels to classify the capabilities of automated driving systems, which helps clarify a vehicle’s abilities and the driver’s required level of involvement.

Level 0: No Driving Automation. The human driver is responsible for everything. The vehicle may have safety features like automatic emergency braking, but it does not drive itself.
Level 1: Driver Assistance. The vehicle can assist with either steering or acceleration/deceleration, but not both at the same time. An example is adaptive cruise control.
Level 2: Partial Driving Automation. The vehicle can control both steering and acceleration/deceleration simultaneously, such as with Tesla’s Autopilot or GM’s Super Cruise. However, the human driver must remain fully engaged, monitor the environment, and be ready to take control at any moment. Most “self-driving” cars currently on the road are at this level.
Level 3: Conditional Driving Automation. The vehicle can handle all aspects of driving under specific conditions, allowing the driver to disengage. However, the driver must be prepared to intervene when the system requests it.
Level 4: High Driving Automation. The vehicle can perform all driving tasks and monitor the environment on its own within a specific operational area (a concept known as “geofencing”). A human driver is not required to take over, but the car may not be able to operate outside its designated area or in severe weather. Waymo’s robotaxis are an example.
Level 5: Full Driving Automation. This is the highest level of automation. The vehicle can operate on any road and in any conditions that a human driver could manage. No human intervention is ever required. These vehicles do not yet exist for public purchase.

These vehicles rely on a sophisticated suite of sensors—including cameras, radar, and lidar—to perceive the world around them. An advanced artificial intelligence (AI) processes this data to make decisions about accelerating, braking, and steering. When this system fails, the results can be catastrophic.

Why Are Self-Driving Car Accidents So Legally Complex?

In a traditional car accident on I-285, the legal question usually centers on which driver was negligent. Did someone speed, run a red light, or make an improper lane change? With an autonomous vehicle (AV), the concept of “driver error” becomes blurred. A crash could be caused by a mechanical part, a sensor, or a line of faulty code written years ago by a programmer thousands of miles away.

This shifts the legal focus from simple negligence to more complicated areas of law:

Negligence: This still applies. For example, the owner of a Level 2 vehicle could be found negligent for failing to pay attention and take over when necessary. A fleet operator, like a robotaxi service, could be negligent for poorly maintaining its vehicles.
Product Liability: This area of law holds manufacturers, distributors, and sellers responsible for injuries caused by defective products. If a car’s sensors failed to detect a pedestrian or its AI algorithm made a dangerously wrong decision, the companies that designed and built those components could be held liable.
Breach of Warranty: Manufacturers make promises about their products, both explicitly (express warranty) and implicitly (implied warranty). If a vehicle was marketed as having “full self-driving” capabilities that it did not actually possess, leading to an accident, this could be a breach of warranty.

Untangling these issues requires a deep investigation into the vehicle’s technology and the actions of every company involved in its creation and operation.

Who Can Be Held Liable in an Atlanta AV Crash?

Determining fault in a driverless car wreck is one of the biggest challenges. Unlike a two-car collision with two drivers, an AV accident can involve a long chain of potentially responsible parties. Identifying all of them is a key step in ensuring a victim can recover full compensation.

Potential at-fault parties may include:

The “Driver” or Owner: For Level 2 or 3 systems, the person in the driver’s seat still has a duty to monitor the vehicle and intervene. Their failure to do so could make them at least partially liable.
The Vehicle Manufacturer: The company that assembled the car (e.g., Ford, Mercedes-Benz, Tesla) is responsible for the final product. They can be held liable for design defects, manufacturing flaws, or failing to warn consumers about the system’s limitations.
The Software Developer: The AI “brain” that controls the vehicle is one of the most critical components. If the programming contains errors, makes poor decisions in unpredictable Atlanta traffic, or fails to interpret sensor data correctly, the company that developed the software (e.g., Waymo, Cruise) could be at fault.
The Sensor Manufacturer: The vehicle’s “eyes and ears”—its cameras, lidar, and radar systems—are often made by separate companies. If one of these components was defective and failed to detect another car, a cyclist, or a pedestrian, its manufacturer could be liable.
The Fleet Owner or Operator: For services that operate fleets of robotaxis, the company that owns and manages the vehicles has a responsibility to ensure they are properly maintained, updated, and safely deployed on city streets.
Third-Party Maintenance Providers: If a repair shop performed faulty work on a vehicle’s automated systems or sensors, leading to a malfunction, that shop could bear responsibility.

What Are Common Causes of Autonomous Vehicle Accidents?

While AVs are designed to eliminate human error, they introduce new and unique points of failure. Accidents can happen for reasons that would never apply to a human-driven car.

Software Malfunctions: The complex software that runs an AV can contain bugs or “glitches” that cause it to behave unexpectedly, such as sudden acceleration, braking for no reason, or incorrect steering maneuvers.
Sensor Failures: The systems a car uses to see the world can be compromised. Heavy rain, fog, direct sun glare, or even an oddly shaped object can confuse sensors, causing them to miss a clear hazard.
Flawed Decision-Making Algorithms: The AI must make split-second decisions. If its programming is flawed, it may not react properly to unforeseen events, such as a child chasing a ball into the street or the unpredictable actions of another driver. This is sometimes referred to as the “trolley problem” in a real-world context.
Cybersecurity Breaches: Because these vehicles are connected to the internet, they are vulnerable to hacking. A malicious actor could potentially take control of a vehicle or an entire fleet, causing intentional accidents.
Poorly Mapped Environments: Many AVs rely on highly detailed maps to navigate. If a road is closed for construction on a major artery like the I-75/I-85 corridor, or if lane markings have changed, an outdated map could lead the vehicle into a dangerous situation.
Human Over-Reliance: With Level 2 systems, “automation complacency” is a major risk. Drivers may become too trusting of the technology, leading them to text, watch videos, or otherwise fail to pay attention, making them unable to react in time when the system fails.

What Evidence Is Important in a Driverless Car Accident Case?

Building a strong case requires gathering and preserving highly technical evidence that is unique to these vehicles. This goes far beyond typical police reports and witness statements.

The most important piece of evidence is the vehicle’s “black box,” or Event Data Recorder (EDR). This device records a massive amount of data, including:

Data from all sensors (lidar, radar, cameras) in the moments before, during, and after the crash.
The status of the automated driving system (was it engaged, and at what level?).
Any alerts or warnings given to the human driver.
The human driver’s actions (e.g., steering, braking, or accelerating).
The AI’s decision-making logs.

This data is often proprietary and held by the manufacturer. Securing it quickly through legal action is often necessary before it can be altered or deleted. Other important evidence includes maintenance records for the vehicle, data from the manufacturer’s servers, and testimony from engineering and software programming professionals.

What Types of Compensation Can Victims Recover?

If you are injured in an accident caused by a defective or negligently operated autonomous vehicle, you have the right to seek compensation for all of your losses. The goal of a personal injury claim is to make you whole again, both financially and emotionally.

Damages that may be available include:

Medical Expenses: This covers all costs for your treatment, from the initial ambulance ride and emergency care at a facility like Grady Memorial Hospital to surgery, rehabilitation, and any future medical care you may need.
Lost Wages: Compensation for the income you lost while unable to work during your recovery.
Loss of Earning Capacity: If your injuries are permanent and prevent you from returning to your previous job or earning the same level of income, you can be compensated for this future loss.
Pain and Suffering: This compensates you for the physical pain, emotional distress, mental anguish, and loss of enjoyment of life caused by the accident and your injuries.
Property Damage: The cost to repair or replace your vehicle and any other personal property that was damaged in the crash.

Navigating the Future of Atlanta Car Accident Claims

The rise of autonomous vehicles brings both promise and peril. When these complex systems fail, injured victims should not have to bear the burden alone. The decision-making process in these cases is intricate, requiring a careful analysis of technical data and a firm grasp of product liability law. The legal team at Miller Injury Trial Law is committed to helping victims of serious car accidents in Atlanta hold negligent parties accountable, no matter how complex the technology involved. We meticulously prepare every case as if it will go to trial, a strategy that puts our clients in a position of strength during settlement negotiations. Our focus is on securing the resources you need to recover physically and financially.

Contact Miller Injury Trial Law today at 855-44MILLER or reach out to us online to schedule a free, confidential consultation. Our team is ready to listen to your story and provide the clear guidance you need to make informed decisions about your legal options.

Ghost Drivers in Atlanta: The Emerging Risks of Self-Driving Car Accidents