Jarrett & Price LLC

It is very important to have evidence and witnesses in any personal injury case. One of the benefits of a commercial vehicle accident case versus an accident involving a person’s sedan or family car is that there is a lot of evidence within the vehicle.

Sources of Information in Commercial Vehicle Accidents

An enormous amount of technology has been invested into these commercial vehicles, especially 18-wheelers. These vehicles have black boxes, which contain enormous amounts of information pertaining to the operations of the vehicle. This information can be downloaded from computers within the vehicle, but accomplishing this often requires the expertise of an accident reconstructionist.

Another function of an accident reconstructionist is to go to the scene of the accident and try to determine what actually occurred (and when it actually occurred). Since the insurance company for the commercial vehicle or its owners will send an accident reconstructionist to the scene, it’s important to have your own reconstructionist investigating on your behalf. These investigations include looking at skid marks, taking measurements, and trying to find evidence on the ground to support your theories of what happened. It may turn out that your side disagrees with the conclusions of the insurance company’s expert. With potentially millions of dollars on the line and the outcome of the case at stake, you definitely want an independent examination. It is important to have this investigation initiated as soon as possible after an accident, since much of the evidence will disappear over time, or else be destroyed.

What Types of Compensation Can I Expect To Recover In A Commercial Vehicle Accident Claim?

The types of compensation that you can expect to recover are numerous and will depend largely on the nature of your injuries. If you only need to see a doctor a few times for your injury, then your medical bills will not be that high, and therefore your damages will not be very high. However, if you were seriously or catastrophically injured, then you may very well end up with hundreds of thousands of dollars in medical bills and suffer lifelong effects from the accident in the form of paralysis, a significant impairment, or a traumatic brain injury. For these types of claims, the value of damages is very often in the millions of dollars.

When someone dies in an accident that was not their fault, the surviving family members have a right to wrongful death benefits. These benefits will often flow to the surviving spouse or children of the decedent. The value of a wrongful death claim in Georgia is the value of the life of the decedent, so it is based on the amount of money they would have earned during the remainder of their life, combined with what’s known as the intangible value of their life. Obviously, the value of anyone’s life is in the millions of dollars. Unlike passenger vehicles which might have coverage in the amount of only $25,000, commercial vehicles are often insured with multimillion-dollar insurance policies. This is one of the positives when a tragedy like this occurs, although no amount of money is ever going to truly compensate someone fairly.

Free Case Evaluation

If you have been injured or someone you know has been injured or killed in an accident involving a commercial vehicle in Georgia, complete this questionnaire for a free case evaluation by our attorneys. more information on Evidence & Witnesses In A Commercial Vehicle Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (855) 909-3021 today.

Family-Based Immigration

We assist families in filing immigrant petitions on behalf of family members. Please view our page on Family Based Immigration for more information.

Our Immigration Attorney, Patrick Jarrett, has established himself as the primary family-based immigration attorney in the Southeast Georgia and throughout the Coastal Empire.  We represent clients in filing family-based immigration petitions and naturalizations.  We have filed hundreds of petitions on behalf of immigrants in Georgia and coastal South Carolina for years.

When you hire Jarrett & Price, you will be dealing with an attorney, not a paralegal. Your attorney will be handling every aspect of your case. Patrick is experienced in filing every type of family based immigration petition and has developed a system to efficiently guide you through the process.

Jarrett & Price has offices in Savannah and Northeast Georgia.  We represent clients throughout Georgia and the country.

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Naturalization and Citizenship

We assist lawful permanent residents to file applications for naturalization: Learn how we can help with your application!

We have filed hundreds of Naturalization Applications. Patrick meets with each applicant and goes over the process to ensure that our clients are informed about the process and know what is expected of them. Every applicant for naturalization will have to go to an interview and pass the civics exam. Most applicants are required to demonstrate a proficiency in the English language, but some may be exempted.

 

Call today 912.401.8880 or use the contact form.

Distracted driving results in the most serious consequences. Typically, when a person does not see a cyclist or a pedestrian, they’re not going to brake or take evasive maneuvers to try to avoid the collision. That is when you see cyclists getting hit at high speeds. Another common problem is hit and runs. There are approximately 800 deaths a year of people who were riding bicycles, nationwide. There are far fewer cycling deaths than there are pedestrian deaths, due to the prevalence of pedestrians over cyclists. However, cyclists have a much higher chance of being the victim of a hit and run. These drivers, who plow over a cyclist, feel that they can leave the scene of an accident whereas if they plowed into a car, they would be likely to remain. This is an enormous fear for anyone who is riding a bicycle anywhere on the roadway. You could get hit by someone and be lying on the side of the road, fighting for your life, and no one stays around to even call 911.

There are now cameras that you can post on your bike so that if you do get hit, there is a video of someone coming up behind you. The video is triggered by a radar or laser that turns on whenever a vehicle approaches behind you. There are also alerts that people can have on their bikes to tell them when a vehicle is approaching from behind. Getting hit from behind is often the most dangerous thing for a cyclist because they don’t see the car coming. If the vehicle pulls out in front of you, then you may have an opportunity to avoid a collision or to lessen the impact. However, when getting hit from behind, there is not a lot that you can do about it.

How Do Accidents Involving Cyclists Differ From Accidents Involving Automobiles Only?

Cycling accidents are often more difficult than auto accidents because a number of them involve hit and run drivers. Pedestrians and cyclists are much more likely to be the victims of a hit and run. There is also the problem of insurers and potential jurors who don’t understand what rights a cyclist has. They don’t understand that the cyclist has a right to use the shoulder of the roadway and that vehicles that are passing the cyclist need to leave a couple of yards of space to avoid a collision. Some people who are sitting on a jury may believe that there is an inherent risk involved in riding a bicycle on a city street or a highway. You need to stress the fact that the cyclist has every right to be on the road. The road is for cars, pedestrians, cyclists, and motorcyclists; it is not just for vehicles.

There is sometimes confusion on behalf of injured cyclists who don’t know which insurance should apply. In Georgia, any collision arising from the use of an automobile will trigger automobile insurance. Very often, policies are written to cover cycling accidents as well. Sometimes, there may not be coverage, if you have an accident on a bicycle, and for those types of situations, we encourage people to talk to their auto insurance company about acquiring cycling specific coverage. Many people don’t realize that a bicycle can cost more than $10,000 these days.

For more information on Common Causes Of Cycling Accidents In GA, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (912) 401-8880 today.

Punitive damages are probably the most controversial, and misunderstood, category of damages in America today. Much of the tort reform that has occurred in Georgia and around the country the past two decades has focused on the role punitive damages play in our civil justice system.

In Georgia, punitive damages are usually a factor in civil cases involving DUI accidents, intentional torts, or other types of behavior that is more than just mere negligence.  The statute, O.C.G.A. § 51-12-5.1 outlines when punitive damages are appropriate in Georgia, and when they may be capped or uncapped.

What is the purpose of punitive damages?

Punitive damages are monetary damages that may be awarded by a jury to punish the defendant. The purpose is to send a message to the at-fault party and other like-minded individuals, that their behavior is not tolerated by our society. While criminal consequences are not available in civil courts, a civil jury can award punitive damages to penalize the defendant to deter future conduct.

When may a jury award punitive damages?

Punitive damages are usually involved in cases where the defendant has been more than negligent, such as an intentional tort or wildly reckless behavior. The statute defines the standard as “…clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of a conscious indifference to consequences.” O.C.G.A. § 51-12-5 (b). In other words, really reckless or downright bad behavior. For example, getting behind the wheel of a car while intoxicated and causing a DUI accident.

How much can a jury award in punitive damages?

Under most scenarios, the punitive damages in a case are capped at $250,000. However, there is a specific exception to the cap for defendants acting with the specific intent to cause harm, such as an assault, battery or fraud. O.C.G.A. § 51-12-5.1(f). The other exception to the cap is defendants who are impaired by drugs or alcohol. Therefore auto accidents involving DUI drivers can involve an unlimited amount of punitive damages.

Are Punitive damages available in fatal accidents?

Yes. Wrongful death damages flow to the surviving spouse, or other immediate relative of the deceased victim. However, the decedent’s estate may bring claims against the at-fault party for various other forms of damages, including punitive damages.

Punitive Damages: Money damages to Punish Defendants

Punitive damages are probably the most controversial, and misunderstood, category of damages in America today. Much of the tort reform that has occurred in Georgia and around the country the past two decades has focused on the role punitive damages play in our civil justice system.

In Georgia, punitive damages are usually a factor in civil cases involving DUI accidents, intentional torts, or other types of behavior that is more than just mere negligence.  The statute, O.C.G.A. § 51-12-5.1 outlines when punitive damages are appropriate in Georgia, and when they may be capped or uncapped.

What is the purpose of punitive damages?

Punitive damages are monetary damages that may be awarded by a jury to punish the defendant. The purpose is to send a message to the at-fault party and other like-minded individuals, that their behavior is not tolerated by our society. While criminal consequences are not available in civil courts, a civil jury can award punitive damages to penalize the defendant to deter future conduct.

When may a jury award punitive damages?

Punitive damages are usually involved in cases where the defendant has been more than negligent, such as an intentional tort or wildly reckless behavior. The statute defines the standard as “…clear and convincing evidence that the defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of a conscious indifference to consequences.” O.C.G.A. § 51-12-5 (b). In other words, really reckless or downright bad behavior.

How much can a jury award in punitive damages?

Under most scenarios, the punitive damages in a case are capped at $250,000. However, there is a specific exception to the cap for defendants acting with the specific intent to cause harm, such as an assault, battery or fraud. O.C.G.A. § 51-12-5.1(f). The other exception to the cap is defendants who are impaired by drugs or alcohol. Therefore auto accidents involving DUI drivers can involve an unlimited amount of punitive damages.

Are Punitive damages available in fatal accidents?

Yes. Wrongful death damages flow to the surviving spouse, or other immediate relative of the deceased victim. However, the decedent’s estate may bring claims against the at-fault party for various other forms of damages, including punitive damages.

At Jarrett & Price, we believe punitive damages are a crucial aspect of our civil justice system. If our clients have been hurt by a DUI driver, or the victim of fraud, we feel the at-fault party should have to pay more than just the consequential damages that result from their actions. Punitive damages are a way to punish defendants for really reprehensible behavior that was completely preventable. If you are a victim, contact Jarrett & Price for a free consultation.

There is what is known as constructive knowledge, which is the principle that an owner cannot say they didn’t know that a hazard existed. They should have known that it was a hazard and had they done due diligence to know what was happening on their premises, they would have been aware of the hazard. Just because the owner testifies that they did not know of the problem doesn’t automatically guarantee that they will not be held liable. You are able to make arguments, under certain circumstances, that they should have been aware of the problem. A very common example of that is when you have a liquid on the floor. Many businesses have internal policies that say they have to check the floors every 20 to 30 minutes.

If an owner says there was ketchup spilled on the floor but they didn’t know about it, you can show that they were supposed to check the floor every 20 to 30 minutes. If everyone’s testimony is that no one had checked the floor for an hour and a half, then you have an argument for constructive knowledge. Had they been following their own internal policy, they would have known about the hazard.

How Does Comparative or Contributory Negligence Impact A Premises Liability Case?

In an automobile accident, more often than not, it’s fairly clear what happened. If you get hit from behind and you’re lawfully stopped, there is no issue with comparative fault. In a premises liability case, it is much more common to see that type of defense. We have to overcome this defense because in every imaginable scenario, the defense can say that the victim should have seen the hazard. If you fall going down steps, there is an obvious argument from the defense perspective that you weren’t being careful enough.

There are almost an infinite number of arguments that can be made in every scenario to say that the person who was injured was not using reasonable care and therefore, the defendant should not have to pay any of the claim or at least not all of the claim. In Georgia, if the victim is found to be more than 50% at fault, then it is an absolute bar of liability.

For more information on Knowing Of A Hazard On Property In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (912) 401-8880 today.

In Georgia, most personal injury claims have to be brought, meaning that a lawsuit has to be filed, within two years of the injury or death. There are some factors that can lengthen that amount of time or shorten it. If the claim in any way involves a governmental entity, such as a city or county, that can dramatically shorten the amount of time in which certain things need to happen in the case. Typically, we’re referring to what is known as an ante-litem notice, which needs to be sent to the appropriate persons within the agency and fulfill other requirements for your claim to be viable.

How Do You, as An Attorney, Help In Filing A Lawsuit In A Cycling Accident Case?

Any time someone contacts our law firm about a cyclist injury, we want to find out what happened. The first thing we have to do is determine who may be at fault. Was someone else at fault for the accident? The second thing we have to determine is whether the injuries are significant enough to warrant bringing a claim. Typically, if you skinned your knee, you’re not going to want to be involved in a lengthy claim against the party who caused you to skin your knee. However, if you break a bone or suffer a head injury, then the damages are going to warrant filing a claim and potentially filing a lawsuit to pursue that claim.

We try to get as much evidence of what happened as we can. Oftentimes, there is an incident report that is available within a few days after the accident and we always encourage all of our clients to take photographs. Take pictures, if you’re able to, or have someone else take pictures if you’re in any kind of accident involving a vehicle or a bicycle. That is often the only way to document the scene. We evaluate whether we can hold someone else liable for the accident and then evaluate whether the damages warrant bringing a claim. If those two factors are met and we think that there is available insurance either from the at-fault party or the cyclist, we will certainly pursue a claim on behalf of the client.

Should I Negotiate With Insurance Myself Prior To Hiring An Attorney?

Communicate with insurance companies at your own risk. The moment your claim occurs, you are in an adversarial relationship with any insurance company that might have to pay. From the moment your incident happens, the insurance company has every incentive to try to find reasons not to have to pay the claim. You may have a nice person on the other end of the line when you call, who is friendly and may even offer you money for your damages. However, you are walking a very thin line and a very perilous one. They are looking for you to say things like you’re not hurt badly, so a year later when you claim you broke your back, they can play that for a jury to hear. Often, the insurance company will make offers to pay you, which sounds great, but then it turns out that you have $30,000 in medical bills and you just settled your case for $1,500. You cannot settle a case until you know what your damages are. For some people, it may take years to finish treating after an accident, and some people never get better.

You don’t know what your damages are in the first few days after your accident, so there is no reason to even talk about settlement negotiations with an insurer. Very often, people who suffer back injuries or traumatic brain injuries may not really feel the effects for a week or two after the accident. It may not be known what is wrong with them until they’ve had an opportunity to get an MRI or a CT scan, which often is not until a month or more after the wreck. Talking with the insurance company is generally not a very good idea. If you need to handle property damage claims on your own, that is fine, but do not discuss what your injuries are. Be very careful in what you tell them about how the accident happened because you don’t want to establish anything that is inconsistent with reality just because you just don’t remember.

What Is The Value of Hiring An Experienced Attorney To Handle My Cycling Accident Claim?

There are certainly numerous attorneys who are qualified to handle a case involving a bicycle. There is not such a thing as a cycling specific attorney. Some people market themselves as only taking bicycle accidents but those attorneys are few and far between. What I can tell you about our firm is that in addition to wanting to maximize the value of your damages, hold the at-fault party responsible, and obtain justice for you, we are dedicated to the longer-term goal of making the community and the state of Georgia safer for cyclists.

We advocate for cyclists, promote safe cycling, promote awareness for safe cycling, and participate regularly in cycling. It is a personal case for us anytime someone is riding their bike in a reasonable manner and gets hit by a car. It happens all the time and it will continue happening until laws are made stricter and more people are made aware of how dangerous it is for cyclists to be on the roadway.

For more information on Statute Of Limitations For A Cycling Accident Claim, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (912) 401-8880 today.

On Wednesday, April 22, 2020, President Trump signed  a presidential proclamation limiting immigration that suspends the entry into the United States of certain immigrants.  The order applies to people who are outside the United States as of April 23, 2020, at 11:59 pm, who do not have an immigrant visa that is valid on April 23, 2020, and who do not have travel document other than a visa that is valid on April 23, 2020, or one that is issued on any date thereafter allowing him or her to travel to the United States and seek entry or admission.

Bike Walk Savannah – This is the local non-profit for cycling and pedestrian advocacy in Savannah. Formerly known as the Savannah Bicycle Campaign.

bikewalksavannah.org

They also have a great Bike Savannah Guide:

https://bikewalksavannah.org/resources/bikesav-map/

Georgia Bikes – This is a major non-profit that advocates for cycling safety and cycling-friendly laws.

https://georgiabikes.org

The League of American Cyclists – This is a national lobbying group for cycling in America.

https://www.bikeleague.org

Georgia Governor’s Office of Highway Safety Pocket Guide to Bicycle Laws

https://www.gahighwaysafety.org/campaigns/bicycle-and-pedestrian-safety/laws-pertaining-to-bicycles-and-bicycling/

https://www.gahighwaysafety.org/campaigns/bicycle-and-pedestrian-safety/

Georgia DOT Bicycle Safety Page

https://www.transportation.gov/pedestrian-bicycle-safety

There are also numerous bike clubs in Savannah:

Savannah Wheelmen

Savannah Wheelmen

Coastal Bicycle Touring Club

http://cbtc.org

Cycling is a popular activity in Georgia. Unfortunately, many cyclists are seriously injured by negligent drivers on Georgia’s roadways. Georgia cycling injury law is primarily found in statutes and case law interpreting those statutes. Below is a list of the most pertinent statutes dealing with Georgia cycling injury law. These statutes place upon drivers an obligation to protect the safety of Georgia’s cycling community and requires Georgia drivers to share the road.

There are numerous laws affecting cyclists in the state of Georgia. Whether you are driving a car, or cycling on public roadways, it is vital to know the “Rules of the Road.” The following laws were excerpted from the 2019 edition of the Official Code of Georgia. Note that many communities have adopted local ordinances which may differ from these state laws in those jurisdictions. Before you bike on public roads in a community, be sure to investigate the local codes regarding cyclists.

Excerpted from Chapter 40, Section 1 of the Official Code of Georgia, 2019

40-1-1 Definitions

(6) “Bicycle” means every device propelled by human power upon which any person may ride, having only two wheels which are in tandem and either of which is more than 13 inches in diameter.

(6.1) “Bicycle lane” means a portion of the roadway that has been designated by striping, pavement markings, or signage for the exclusive or preferential use of persons operating bicycles and electric assisted bicycles. Bicycle lanes shall at a minimum, unless impracticable, be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials.

“(6.2) ‘Bicycle path’ means a right of way under the jurisdiction and control of this state or a local political subdivision thereof designated for use by bicycle and electric assisted bicycle riders.” GA. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

“(6.3) ‘Bicycle trailer’ means every device pulled by a bicycle and designed by the manufacturer of such device to carry human passengers.” GA. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

(10) “Crosswalk” means:

(A) That part of a roadway at an intersection included within the connections of the lateral lines of the sidewalks on opposite sides of the highway measured from the curbs or in the absence of curbs, from the edges of the traversable roadway; or

(B) Any portion of a roadway at an intersection or elsewhere distinctly indicated for pedestrian crossing by lines or other markings on the surface.

1. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

(75) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

“(14) ‘Driver’ means every person who drives or is in actual physical control of a vehicle.” GA. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

“(15.3) ‘Electric assisted bicycle’ means a device with two or three wheels which has a saddle and fully operative pedals for human propulsion and also has an electric motor having a power output of not more than 750 watts.” GA. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

“(33) ‘Motor vehicle’ means every vehicle which is self-propelled other than an electric assisted bicycle or an electric personal assistive mobility device (EPAMD).” GA. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

“(52) ‘Right of way’ means the right of one vehicle or pedestrian to proceed in a lawful manner in preference to another vehicle or pedestrian approaching under such circumstances of direction, speed, and proximity as to give rise to danger of collision unless one grants precedence to the other.” GA. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

“(54) ‘Safety zone’ means the area or space officially set apart within a roadway for the exclusive use of pedestrians and which is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.” GA. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

(15.4) “Electric personal assistive mobility device” or “EPAMD” means a self-balancing, two nontandem wheeled device designed to transport only one person and having an electric propulsion system with average power of 750 watts (1 horsepower) and a maximum speed of less than 20 miles per hour on a paved level surface when powered solely by such propulsion system and ridden by an operator who weighs 170 pounds.

1. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

(75) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

(56.1) “Shared use path” means a pathway physically separated from motorized vehicular traffic by an open space or barrier and either within the highway right of way or within an independent right of way and used by bicycles, pedestrians, manual and motorized wheelchairs, and other authorized motorized and nonmotorized users.

1. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

“(57) ‘Sidewalk’ means that portion of a street between the curb lines, or the lateral lines of a railway, and the adjacent property lines, intended for use by pedestrians.” GA. Code 40-1-1 Definitions (Georgia Code (2019 Edition))

(75) “Vehicle” means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks.

Georgia Law Specific to bycicles

40-6-290 “The provisions of this part applicable to bicycles shall apply whenever a bicycle is operated upon a highway, upon a bicycle lane, or upon any bicycle path set aside for the exclusive use of bicycles, subject to those exceptions stated in this part.” GA. Code 40-6-290 Application of part regarding bicycles (Georgia Code (2019 Edition))

• 40-6-291. Traffic laws applicable to bicycles; operation upon paved shoulder; signaling of right hand turns

(a) The provisions of this chapter that apply to vehicles, but not exclusively to motor vehicles, shall apply to bicycles, except as provided in this Code section and except that the penalties prescribed in subsection (b) of Code Section 40-6-390, subsection (c) of Code Section 40-6-391, and subsection (a) of Code Section 40-6-393 shall not apply to persons riding bicycles.

(b) Notwithstanding the provisions of Code Section 40-6-50, any person operating a bicycle may ride upon a paved shoulder; provided, however, that such person shall not be required to ride upon a paved shoulder.

(c) Any person operating a bicycle may signal a right turn with his or her right arm and hand extended horizontally or with his or her left hand and arm extended upward.

1. Code 40-6-291 Traffic laws applicable to bicycles; operation upon paved shoulder; signaling of right hand turns (Georgia Code (2019 Edition))

• 40-6-292. Manner of riding bicycle; passengers

(a) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto and shall allow no person to ride upon the handlebars.

(b) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.

(c) No person shall transport a child under the age of one year as a passenger on a bicycle on a highway, roadway, bicycle path, bicycle lane, or sidewalk; provided, however, that a child under the age of one year may be transported on a bicycle trailer or in an infant sling so long as such child is seated in the bicycle trailer or carried in an infant sling according to the bicycle trailer’s or infant sling’s manufacturer’s instructions, and the bicycle trailer is properly affixed to the bicycle according to the bicycle trailer’s manufacturer’s instructions or the infant sling is properly worn by the rider of the bicycle according to the infant sling’s manufacturer’s instructions.

(d) No child between the ages of one year and four years shall ride as a passenger on a bicycle or bicycle trailer or be transported in an infant sling unless the child is securely seated in a child passenger bicycle seat, bicycle trailer, or infant sling according to the child passenger bicycle seat’s, bicycle trailer’s, or infant sling’s manufacturer’s instructions and the child passenger seat or bicycle trailer is properly affixed to the bicycle according to the child passenger bicycle seat’s or bicycle trailer’s manufacturer’s instructions or the infant sling is worn according to the infant sling’s manufacturer’s instructions.

(e) Violation of subsections (c) and (d) of this Code section shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability.

(f) No person under the age of 16 years failing to comply with subsections (c) and (d) of this Code section shall be fined or imprisoned.

1. Code 40-6-292 Manner of riding bicycle; passengers (Georgia Code (2019 Edition))

• 40-6-293. Clinging to vehicles

No person riding upon any bicycle, coaster, roller skates, sled, or toy vehicle shall attach the same or himself or herself to any vehicle upon a roadway.

• 40-6-294. Riding on roadways and bicycle paths

(a) As used in this Code section, the term “hazards to safe cycling” includes, but shall not be limited to, surface debris, rough pavement, drain grates which are parallel to the side of the roadway, parked or stopped vehicles, potentially opening car doors, or any other objects which threaten the safety of a person operating a bicycle.

(b) Every person operating a bicycle upon a roadway shall ride as near to the right side of the roadway as practicable, except when:

(1) Turning left;

(2) Avoiding hazards to safe cycling;

(3) The lane is too narrow to share safely with a motor vehicle;

(4) Traveling at the same speed as traffic;

(5) Exercising due care when passing a standing vehicle or one proceeding in the same direction; or

(6) There is a right turn only lane and the person operating the bicycle is not turning right;

provided, however, that every person operating a bicycle away from the right side of the roadway shall exercise reasonable care and shall give due consideration to the other applicable rules of the road.

(c) Persons riding bicycles upon a roadway shall not ride more than two abreast except on bicycle paths, bicycle lanes, parts of roadways set aside for the exclusive use of bicycles, or when a special event permit issued by a local governing authority permits riding more than two abreast.

(d) Whenever a usable bicycle path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such bicycle path and not use those sections of the roadway so specified by such local governing authority. The governing authority may be petitioned to remove restrictions upon demonstration that the bicycle path has become inadequate due to capacity, maintenance, or other causes.

(e) Bicycle paths subject to the provisions of subsection (d) of this Code section shall at a minimum be required to meet accepted guidelines, recommendations, and criteria with respect to planning, design, operation, and maintenance as set forth by the American Association of State Highway and Transportation Officials, and such bicycle paths shall provide accessibility to destinations equivalent to the use of the roadway.

(f) Any person operating a bicycle in a bicycle lane shall ride in the same direction as traffic on the roadway.

1. Code 40-6-294 Riding on roadways and bicycle paths (Georgia Code (2019 Edition))

• 40-6-295. Carrying articles

No person operating a bicycle shall carry any package, bundle, or other article which prevents him or her from keeping at least one hand upon the handlebars.” GA. Code 40-6-295 Carrying articles (Georgia Code (2019 Edition))

• 40-6-296. Lights and other equipment on bicycles

(a) Every bicycle when in use at nighttime shall be equipped with a light on the front which shall emit a white light visible from a distance of 300 feet to the front and with a light on the back which shall emit a red light visible from a distance of 300 feet to the rear. Any bicycle equipped with a red reflector on the rear that is approved by the Department of Public Safety shall not be required to have a light on the rear of the bicycle.

(b) Every bicycle sold or operated shall be equipped with a brake which will enable the operator to make the braked wheels skid on dry, level pavement.

(c) No bicycle shall be equipped or operated while equipped with a set of handlebars so raised that the operator must elevate his or her hands above the operator’s shoulders in order to grasp the normal steering grip area.

(d) (1) No person under the age of 16 years shall operate or be a passenger on a bicycle on a highway, bicycle path, bicycle lane, or sidewalk under the jurisdiction or control of this state or any local political subdivision thereof without wearing a bicycle helmet.

(2) For the purposes of this subsection, the term “bicycle helmet” means a piece of protective headgear which meets or exceeds the impact standards for bicycle helmets set by the American National Standards Institute (ANSI) or the Snell Memorial Foundation.

(3) For the purposes of this subsection, a person shall be deemed to wear a bicycle helmet only if a bicycle helmet of good fit is fastened securely upon such person’s head with the straps of such bicycle helmet.

(4) No bicycle without an accompanying protective bicycle helmet shall be rented or leased to or for the use of any person under the age of 16 years unless that person is in possession of a bicycle helmet at the time of the rental or lease.

(5) Violation of any provision of this subsection shall not constitute negligence per se nor contributory negligence per se or be considered evidence of negligence or liability.

(6) No person under the age of 16 failing to comply with any provision of this subsection shall be fined or imprisoned.

Laws Pertaining to Equipment on Bicycles

1. Code 40-6-296 Lights and other equipment on bicycles (Georgia Code (2019 Edition))

• 40-6-297. Violation of part a misdemeanor; duty of parents and guardians

(a) It shall be a misdemeanor for any person to do any act forbidden or fail to perform any act required in this part.

(b) The parent of any child and the guardian of any ward shall not authorize or knowingly permit such child or ward to violate any of the provisions of this part.

1. Code 40-6-297 Violation of part A misdemeanor; duty of parents and guardians (Georgia Code (2019 Edition))

• 40-6-298. Rules and regulations

The Board of Public Safety is authorized to promulgate rules and regulations to carry this part into effect and is authorized to establish regulations for any additional safety equipment or standards it shall require for bicycles…” GA. Code 40-6-298 Rules and regulations (Georgia Code (2019 Edition))

• 40-6-144. Emerging from alley, driveway, or building; driving upon a sidewalk prohibited

The driver of a vehicle emerging from an alley, building, private road, or driveway within a business or residential district shall stop such vehicle immediately prior to driving onto a sidewalk or onto the sidewalk area extending across such alley, building entrance, road, or driveway or, in the event there is no sidewalk area, shall stop at the point nearest the street to be entered where the driver has a view of approaching traffic thereon. The driver of a vehicle shall yield the right of way to any pedestrian on a sidewalk. Except as provided by resolution or ordinance of a local government for sidewalks within the jurisdiction of such local government authorizing the operation of bicycles on sidewalks by persons 12 years of age or younger, no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway.

1. Code 40-6-144 Emerging from alley, driveway, or building; driving upon a sidewalk prohibited (Georgia Code (2019 Edition))

• 40-6-56. Safe passing distance when overtaking a bicyclist

(a) As used in this Code section, the term “safe distance” means not less than three feet.

(b) Notwithstanding any provision of this article to the contrary, when feasible, the operator of a motor vehicle, when overtaking and passing a bicycle that is proceeding in the same direction on the roadway, shall leave a safe distance between such vehicle and the bicycle and shall maintain such clearance until safely past the overtaken bicycle.

1. Code 40-6-56 Safe passing distance when overtaking a bicyclist (Georgia Code (2019 Edition))

• 40-6-43. When overtaking and passing on the right permitted

(a) The driver of a vehicle may overtake and pass upon the right of another vehicle only under the following conditions:

(1) When the vehicle overtaken is making or about to make a left turn; or

(2) Upon a street or highway with unobstructed pavement of sufficient width for two or more lanes of moving vehicles in the direction being traveled by the overtaking vehicle.

(b) If otherwise authorized, the driver of a vehicle may overtake and pass another vehicle upon the right only under conditions permitting such movement in safety. Such movement shall not be made by driving off the roadway.

1. Code 40-6-43 When overtaking and passing on the right permitted (Georgia Code (2019 Edition))

• 40-6-77. Penalties for collision which causes serious injury to motorcyclist, pedestrian, bicyclist, or farmer transporting certain items

(a) For purposes of this Code section, “serious injury” shall include, but shall not be limited to, causing bodily harm to another by depriving him or her of a member of his or her body, by rendering a member of his or her body useless, by seriously disfiguring his or her head or body or a member thereof, or by causing organic brain damage which renders the body or any member thereof useless.

(b) Any person who causes a serious injury to another person as a result of a collision with a motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies by committing any right of way violation under this chapter when such motorcyclist, bicyclist, pedestrian, or farmer operating any vehicle used to transport agricultural products, livestock, farm machinery, or farm supplies is abiding by the provisions of this title shall be guilty of a misdemeanor and shall be punished:

(1) For a first offense, by a fine of not less than $250.00 in addition to any other penalties stipulated by law and the court shall report such conviction to the Department of Driver Services; and

(2) For a second or subsequent offense within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained or pleas of nolo contendere were accepted to the date of the current arrest for which a conviction is obtained or a plea of nolo contendere is accepted, by a fine of not less than $500.00 nor more than $1,000.00 and imprisonment for not less than ten days nor more than 12 months. Any fine imposed under this paragraph shall be mandatory and shall not be suspended or waived or conditioned upon the completion of any course or sentence. The court imposing punishment under this subsection shall forward a record of the disposition of the case to the Department of Driver Services.

1. Code 40-6-77 Penalties for collision which causes serious injury to motorcyclist, pedestrian, bicyclist, or farmer transporting certain items (Georgia Code (2019 Edition))

• 40-6-390. Reckless driving

(a) Any person who drives any vehicle in reckless disregard for the safety of persons or property commits the offense of reckless driving.

(b) Every person convicted of reckless driving shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not to exceed $1,000.00 or imprisonment not to exceed 12 months, or by both such fine and imprisonment, provided that no provision of this Code section shall be construed so as to deprive the court imposing the sentence of the power given by law to stay or suspend the execution of such sentence or to place the defendant on probation.

1. Code 40-6-390 Reckless driving (Georgia Code (2019 Edition))

• 40-6-391. Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child

(a) A person shall not drive or be in actual physical control of any moving vehicle while:

(1) Under the influence of alcohol to the extent that it is less safe for the person to drive;

(2) Under the influence of any drug to the extent that it is less safe for the person to drive;

(3) Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;

(4) Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;

(5) The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or

(6) Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.

(b) The fact that any person charged with violating this Code section is or has been legally entitled to use a drug shall not constitute a defense against any charge of violating this Code section; provided, however, that such person shall not be in violation of this Code section unless such person is rendered incapable of driving safely as a result of using a drug other than alcohol which such person is legally entitled to use.

1. Code 40-6-391 Driving under the influence of alcohol, drugs, or other intoxicating substances; penalties; publication of notice of conviction for persons convicted for second time; endangering a child (Georgia Code (2019 Edition))

• 16-11-43. Obstructing highways, streets, sidewalks, or other public passages

A person who, without authority of law, purposely or recklessly obstructs any highway, street, sidewalk, or other public passage in such a way as to render it impassable without unreasonable inconvenience or hazard and fails or refuses to remove the obstruction after receiving a reasonable official request or the order of a peace officer that he do so, is guilty of a misdemeanor.

1. Code 16-11-43 Obstructing highways, streets, sidewalks, or other public passages (Georgia Code (2019 Edition))

• 40-6-270. Hit and run; duty of driver to stop at or return to scene of accident

(a) The driver of any vehicle involved in an accident resulting in injury to or the death of any person or in damage to a vehicle which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or shall stop as close thereto as possible and forthwith return to the scene of the accident and shall:

(1) Give his or her name and address and the registration number of the vehicle he or she is driving;

(2) Upon request and if it is available, exhibit his or her operator’s license to the person struck or the driver or occupant of or person attending any vehicle collided with;

(3) Render to any person injured in such accident reasonable assistance, including the transporting, or the making of arrangements for the transporting, of such person to a physician, surgeon, or hospital for medical or surgical treatment if it is apparent that such treatment is necessary or if such transporting is requested by the injured person; and

(4) Where a person injured in such accident is unconscious, appears deceased, or is otherwise unable to communicate, make every reasonable effort to ensure that emergency medical services and local law enforcement are contacted for the purpose of reporting the accident and making a request for assistance.

The driver shall in every event remain at the scene of the accident until fulfilling the requirements of this subsection. Every such stop shall be made without obstructing traffic more than is necessary.

(b) If such accident is the proximate cause of death or a serious injury, any person knowingly failing to stop and comply with the requirements of subsection (a) of this Code section shall be guilty of a felony and, upon conviction thereof, shall be punished by imprisonment for not less than one nor more than five years.

(c) (1) If such accident is the proximate cause of an injury other than a serious injury or if such accident resulted in damage to a vehicle which is driven or attended by any person, any person knowingly failing to stop or comply with the requirements of this Code section shall be guilty of a misdemeanor and:

(A) Upon conviction shall be fined not less than $300.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both;

(B) Upon the second conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined not less than $600.00 nor more than $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions; and

(C) Upon the third or subsequent conviction within a five-year period of time, as measured from the dates of previous arrests for which convictions were obtained to the date of the current arrest for which a conviction is obtained, shall be fined $1,000.00, which fine shall not be subject to suspension, stay, or probation, or imprisoned for up to 12 months, or both; and for purposes of this subparagraph, previous pleas of nolo contendere accepted within such five-year period shall constitute convictions.

(2) For the purpose of imposing a sentence under this subsection, a plea of nolo contendere shall constitute a conviction.

(3) If the payment of the fine required under this subsection will impose an economic hardship on the defendant, the judge, at his sole discretion, may order the defendant to pay such fine in installments and such order may be enforced through a contempt proceeding or a revocation of any probation otherwise authorized by this Code section.

(d) Notwithstanding the limits set forth in any municipal charter, any municipal court of any municipality shall be authorized to impose the punishments provided for in this Code section upon a conviction of violating this Code section or upon conviction of violating any ordinance adopting the provisions of this Code section.

1. GA. Code 40-6-270 Hit and run; duty of driver to stop at or return to scene of accident (Georgia Code (2019 Edition)