If you are hurt in a crash involving a self-driving or autonomous vehicle in Georgia, you generally have the same right to seek compensation as after any other crash: from whoever was at fault. The difference is that the party at fault may be the company that runs the vehicle, the manufacturer or the developer of its automated driving system, not only a person behind the wheel.
These cases are no longer hypothetical here. Georgia has allowed fully autonomous vehicles on its roads since 2017, and Waymo began offering driverless rides through the Uber app in Atlanta in June 2025. Here is how Georgia law treats these vehicles and what it means for your claim.
Key Takeaways
- Georgia allows a fully autonomous vehicle to operate with no human driver on board if it meets safety, insurance and registration requirements (O.C.G.A. § 40-8-11).
- The person who causes a fully autonomous vehicle to move with its automated driving system engaged is treated as its “operator” under Georgia law (O.C.G.A. § 40-1-1).
- Liability may reach the fleet operator, the vehicle manufacturer or the software developer, which can bring product liability law into the case.
- Georgia’s usual rules still apply, including a two-year deadline for most injury claims and modified comparative fault with a 50% bar.
- Sensor data, video and software logs can be decisive, so ask that they be preserved early.
How Georgia Regulates Self-Driving Vehicles
Georgia passed its autonomous vehicle law, SB 219, in 2017. State law defines an “automated driving system” as the hardware and software that can perform the entire driving task on a sustained basis, and a “fully autonomous vehicle” as one that can perform every part of the driving task without a human driver, at least within the conditions it was designed for.
Under O.C.G.A. § 40-8-11, a fully autonomous vehicle may operate without a human driver present if it:
- Can operate in compliance with Georgia’s rules of the road and was certified as meeting federal motor vehicle safety standards
- Can reach a “minimal risk condition,” such as safely stopping, if its automated system fails
- Is covered by liability insurance (or qualifying self-insurance) at the levels Georgia law specifies
- Is registered and identified on its registration as a fully autonomous vehicle, or is lawfully registered in another state
Passengers are still responsible for following Georgia’s seat belt laws. And most “self-driving” features on cars sold to consumers today are driver-assistance systems that still require the driver to pay attention and be ready to take over. In those cars, the human driver is usually still responsible for how the car is driven.
What Happens After a Crash with a Driverless Vehicle
A crash with a driverless vehicle can feel strange because there may be no one to exchange information with. Georgia law addresses this. Under O.C.G.A. § 40-6-279, the usual duties to stop and report are treated as met if the autonomous vehicle stays at the scene and the vehicle or its operator promptly contacts local law enforcement and provides the required information.
What you should do is much the same as after any wreck:
- Call 911 and get medical care, even if you feel fine at first.
- Photograph everything, including the vehicle, any company name, fleet number or markings, the scene and your injuries.
- Get the police report. Our guide to Georgia crash report codes explains how to read it.
- Write down witness names and anything the vehicle’s remote support team or company representatives tell you.
- Avoid recorded statements to the company or its insurer until you understand your rights.
Who May Be Liable in an Autonomous Vehicle Crash
Liability depends on what went wrong. Depending on the facts, responsible parties may include:
- The operator or fleet company, such as a company that runs a robotaxi service and is responsible for how its vehicles are deployed, monitored and maintained
- The vehicle manufacturer, if a defect in the vehicle or its systems caused the crash
- The developer of the automated driving system, if the software or sensors failed to detect or respond to a hazard
- Other human drivers whose negligence contributed to the crash
- A human driver using driver-assist features who failed to supervise the car as required
When a defect is involved, Georgia product liability law can apply. Under O.C.G.A. § 51-1-11, a manufacturer can be held strictly liable when a product sold as new was not reasonably suited to its intended use and caused injury. These claims often involve technical proof about how the system was designed and how it behaved in the moments before the crash.
Insurance and Rideshare Questions
If you were a passenger in a driverless ride booked through an app, the coverage available may depend on the operator’s insurance and the platform’s policies, which can differ from those of a standard rideshare accident with a human driver. If you were in another car or on foot, the claim may be made against the operator’s liability coverage.
Your own policy can matter too. If the available liability coverage is not enough to cover your losses, your uninsured/underinsured motorist coverage under O.C.G.A. § 33-7-11 may provide another source of recovery.
Evidence That Matters in These Cases
Autonomous vehicles record a great deal of information, including camera video, lidar and radar data, software logs and communications with remote support staff. That data is usually controlled by the company, not by you. NHTSA also requires companies to report certain crashes involving automated driving systems under its Standing General Order on crash reporting.
Because data can be overwritten, it is important to send a written request that the company preserve it. In Georgia, the duty to preserve relevant evidence can arise once litigation is reasonably foreseeable, not only after a lawsuit is filed.
Georgia Deadlines and Fault Rules Still Apply
Most personal injury claims in Georgia must be filed within two years of the injury (O.C.G.A. § 9-3-33), and property damage claims within four years (O.C.G.A. § 9-3-31). Our guide to Georgia personal injury deadlines explains the exceptions.
Georgia also follows modified comparative fault under O.C.G.A. § 51-12-33. Your recovery is reduced by your share of fault, and you recover nothing if you are 50% or more at fault. Georgia’s 2025 tort reform law, SB 68, may also affect how some damages are proven for claims arising after April 2025.
Frequently Asked Questions
Can I Sue a Self-Driving Car Company in Georgia?
Yes, if the company’s negligence or a defect in its vehicle or software caused your injuries. Depending on the facts, a claim may be brought against the fleet operator, the manufacturer, the software developer or another driver. The right defendants depend on what caused the crash.
Who Is the “Driver” of a Driverless Car Under Georgia Law?
Georgia law treats the person who causes a fully autonomous vehicle to move with its automated driving system engaged as the vehicle’s operator (O.C.G.A. § 40-1-1). That does not settle who is at fault. Fault still depends on the evidence, including whether the vehicle or its software failed.
What If the Other Car Was Using a Driver-Assist Feature?
Most driver-assist features on consumer vehicles, such as adaptive cruise control and lane-keeping, require the driver to stay alert and ready to take control. A driver who relies on those features and causes a crash can generally be held responsible like any other driver. A defect in the feature may also support a product liability claim.
Does My Own Insurance Help After a Crash with an Autonomous Vehicle?
It may. Your uninsured/underinsured motorist coverage can apply if the at-fault party’s coverage is not enough, and your medical payments or collision coverage may also help. Read your policy and report the crash to your insurer promptly.
If you were hurt in a crash involving an autonomous vehicle, The Gunn Law Group can explain your options in a free, no-obligation consultation, and there is no fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866) or contact us online. Hablamos español.
