Introduction

This article examines Georgia statutes concerning obstruction of roadway provisions in the context of commercial waste collection operations.

Scenario

A recycling truck operator collects bins along a residential route on Brookdale Avenue in Macon, Georgia. After emptying a bin, the operator carelessly places it in the street rather than returning it to the curb. A driver traveling on the road strikes the bin, causing the vehicle to swerve and collide with a parked car. The collision results in property damage and injuries. The recycling truck had already moved to the next block when the accident occurred.

Georgia Law

Obstruction of Highways

Georgia Code § 40-6-275: “No person shall place or cause to be placed upon a highway any obstruction to the free use of the highway or obstruct or interfere with the free use of the highway or damage any portion of the highway or any highway structure.”

Littering Public Roads

Georgia Code § 40-6-249: “It shall be unlawful for any person or persons to throw, deposit, drop, or drain upon any street or highway any glass bottle, glass, nails, tacks, wire, cans, trash, garbage, rubbish, litter, offal, or any other refuse.”

Duty Upon Creating Hazard

Georgia Code § 40-6-277: “Any person who drops or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same or cause it to be removed.”

General Duty of Care

Georgia Code § 51-1-2: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Conclusion

The scenario describes a collision caused by a recycling bin left in the road in Macon, Georgia. Georgia Code § 40-6-275 prohibits highway obstruction. Georgia Code § 40-6-277 requires immediate removal of hazards. These statutes establish the framework for recycling truck operator liability under Georgia law.

FAQ

Q: What does Georgia Code § 40-6-275 prohibit? A: Georgia Code § 40-6-275 prohibits any person from placing “upon a highway any obstruction to the free use of the highway or obstruct or interfere with the free use of the highway.”

Q: What duty does Georgia Code § 40-6-277 impose? A: Georgia Code § 40-6-277 requires anyone who “drops or permits to be dropped or thrown upon any highway any destructive or injurious material shall immediately remove the same.”

Q: Does Georgia Code § 40-6-249 apply to waste containers? A: Georgia Code § 40-6-249 makes it unlawful to “throw, deposit, drop, or drain upon any street or highway” various materials including “trash, garbage, rubbish, litter.”

Q: Where are roadway obstruction laws found in the Georgia Code? A: Roadway obstruction laws are found in Georgia Code Title 40, Chapter 6.

Q: Does Georgia Code § 51-1-2 apply to commercial operators? A: Georgia Code § 51-1-2 states: “Every person owes a duty to all other persons to exercise ordinary care not to injure them by any act or by any failure to act.”

Legal Disclaimer

This article is provided for general informational purposes only and does not constitute legal advice, recommendation, or guidance. It does not create an attorney-client relationship. No actions should be taken based on the content of this article. For any specific legal matter, consult with a qualified and licensed attorney in your jurisdiction.

Scenario Disclaimer

The scenario described is entirely fictional and intended solely for illustrative purposes. Any resemblance to real persons, events, or situations is purely coincidental.