Partially automated driving functions (SAE Level 2) can control a vehicle’s longitudinal and lateral movements. However, taking over the driving task involves automation risks that the driver must manage. In severe accidents, the driver’s ability to avoid a collision must be assessed, considering their expected reaction behavior. The primary goal of this study is to generate essential data on driver reaction behavior in case of malfunctions in partially automated driving functions for use in legal affairs. A simulator study with two scenarios involving 32 subjects was conducted for this purpose. The first scenario investigated driver reactions to system limitations during cornering. The results show that none of the subjects could avoid leaving their lane and moving into the oncoming lane and, therefore, could not control the situation safely. Due to partial automation, we could also identify a new part of the reaction time, the hands-on time, which leads to increased steering reaction times of 1.18 to 1.74 s. The second scenario examined driver responses to phantom braking caused by AEBS. We found that 25 of the 32 subjects could not override the phantom braking by pressing the accelerator pedal, although 16 subjects were informed about the system analog to the actual vehicle manuals. Overall, the study suggests that the current legal perspective on vehicle control and the expected driver reaction behavior for accident avoidance should be reconsidered.