Negligence simply means the driver failed to act as a reasonably prudent person would in similar circumstances. Negligence per se means the driver violated a law or statute, and therefore, was negligent. Many accidents result from drivers not following the Rules of the Road. These are some of the most commonly broken Rules of the Road:
Following too Closely (O.C.G.A. § 40-6-49)
The driver of a motor vehicle shall not follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of such vehicles and the traffic upon and the condition of the highway.
Failure to Yield Right of Way (O.C.G.A. § 40-6-71)
The driver of a vehicle intending to turn to the left within an intersection or into an alley, private road, or driveway shall yield the right of way to any vehicle approaching from the opposite direction which is within the intersection or so close thereto as to constitute an immediate hazard.
Obedience to Traffic Control Devices
(O.C.G.A. § 40-6-20)
The driver of any vehicle shall obey the instructions of an official traffic-control device applicable thereto, placed in accordance with this chapter, unless otherwise directed by a police officer, subject to the exceptions granted the driver of an authorized emergency vehicle in this chapter.
Failure to Maintain Lane (O.C.G.A. § 40-6-48)
A vehicle shall be driven as nearly as practicable entirely within a single lane and shall not be moved from such lane until the driver has first ascertained that such movement can be made with safety.
Failure to Yield (O.C.G.A. § 40-6-73)
The driver of a vehicle about to enter or cross a roadway from any place other than another roadway shall yield the right of way to all vehicles approaching on the roadway to be entered or crossed.
Improper Lane Change (O.C.G.A. § 40-6-123)
A signal of intention to turn right or left or change lanes when required shall be given continuously for a time sufficient to alert the driver of a vehicle proceeding from the rear in the same direction or a driver of a vehicle approaching from the opposite direction.
Failure to Stop (O.C.G.A. § 40-6-72)
Except when directed to proceed by a police officer, every driver of a vehicle approaching a stop sign shall stop at a clearly marked stop line or, if there is no stop line, before entering the crosswalk on the near side of the intersection or, if there is no crosswalk, at the point nearest the intersecting roadway where the driver has a view of approaching traffic on the intersecting roadway before entering it. After stopping, the driver shall yield the right of way to any vehicle in the intersection or approaching on another roadway so closely as to constitute an immediate hazard during the time when such driver is moving across or within the intersection or junction of roadways.
Reckless Driving (O.C.G.A. § 40-6-390)
Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.
Mike Rafi is well-versed in the Rules of the Road and has successfuly brought negligence and negligence per se claims for his clients. If you have been injured because another drive broke the Rules of the Road, contact Mike.