Introduction
This article examines Georgia statutes concerning common carrier duties and vehicular operation in the context of passenger transportation services.
Scenario
A rideshare driver transports a passenger through downtown Macon, Georgia. While traveling on Second Street, a vehicle ahead suddenly brakes. The rideshare driver brakes hard to avoid a collision. The sudden stop causes the passenger to strike their head on the window, resulting in injury. The passenger was wearing a seatbelt at the time of the incident.
Georgia Law
Following Too Closely
Georgia Code § 40-6-49(a): “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.”
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.”
Duty of Common Carriers
Georgia Code § 46-9-132: “A common carrier of passengers must exercise extraordinary diligence to protect the lives and persons of its passengers and is liable for damages to passengers resulting from the slightest negligence in view of the law and public policy; provided, however, the common carrier is not an insurer of its passengers and is only bound to exercise extraordinary diligence.”
Seat Belt Requirements
Georgia Code § 40-8-76.1(e)(1): “Each occupant of the front seat of a passenger vehicle shall, while such passenger vehicle is being operated on a public road, street, or highway of this state, be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.”
Conclusion
The scenario describes a passenger injured during a sudden stop in a rideshare vehicle in Macon, Georgia. Georgia Code § 40-6-49 addresses following distances. Georgia Code § 46-9-132 addresses common carrier duties. Georgia Code § 40-8-76.1 addresses seat belt requirements. These statutes establish the framework for passenger transportation liability under Georgia law.
FAQ
Q: What following distance does Georgia Code § 40-6-49 require? A: Georgia Code § 40-6-49(a) states drivers shall not follow “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.”
Q: What duty do common carriers owe under Georgia Code § 46-9-132? A: Georgia Code § 46-9-132 states common carriers “must exercise extraordinary diligence to protect the lives and persons of its passengers and is liable for damages to passengers resulting from the slightest negligence.”
Q: Does Georgia Code § 46-9-132 make carriers insurers of passengers? A: Georgia Code § 46-9-132 states “the common carrier is not an insurer of its passengers and is only bound to exercise extraordinary diligence.”
Q: Where are transportation carrier laws found in the Georgia Code? A: Transportation carrier laws are found in Georgia Code Title 46, Chapter 9.
Q: What does Georgia Code § 40-8-76.1 require of vehicle occupants? A: Georgia Code § 40-8-76.1(e)(1) requires each front seat occupant to “be restrained by a seat safety belt approved under Federal Motor Vehicle Safety Standard 208.”
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.
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