Introduction

This article examines Georgia statutes concerning commercial vehicle operation and cargo securement in the context of roadway hazards.

Scenario

A commercial truck travels on Interstate 75 through Macon, Georgia, carrying construction materials. During transit, the cargo shifts and several pieces of lumber fall from the truck bed onto the roadway. A vehicle following the truck strikes the fallen lumber, causing damage to the vehicle. The truck continues traveling without stopping.

Georgia Law

Duty to Secure Load

Georgia Code § 40-6-248.1(b): “No person shall operate any motor vehicle with a load on or in such vehicle unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of the load onto the roadway in such a manner as to create a safety hazard.”

Penalties for Unsecured Loads

Georgia Code § 40-6-248.1(c): “Any person who violates subsection (b) of this Code section when such violation results in an accident causing serious injury or death shall be guilty of a misdemeanor of a high and aggravated nature.”

Duty Upon Damaging Property

Georgia Code § 40-6-270(a): “The driver of any vehicle involved in an accident resulting only in damage to a vehicle or other property which is driven or attended by any person shall immediately stop such vehicle at the scene of the accident or as close thereto as possible and shall forthwith return to the scene of the accident.”

Littering Highways

Georgia Code § 40-6-249(a): “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, or to drain or allow to drain, or to permit any noxious, nauseating, or offensive matter to flow from such person’s property across or upon any street or highway.”

Conclusion

The scenario describes cargo falling from a truck on Interstate 75 in Macon, Georgia. Georgia Code § 40-6-248.1 requires adequate cargo securement. Georgia Code § 40-6-270 addresses duties after property damage. Georgia Code § 40-6-249 prohibits depositing materials on highways. These statutes establish the framework for commercial vehicle operator responsibilities under Georgia law.

FAQ

Q: What does Georgia Code § 40-6-248.1(b) require for vehicle loads? A: Georgia Code § 40-6-248.1(b) states no person shall operate a vehicle “unless the load on or in such vehicle is adequately secured to prevent the dropping or shifting of the load onto the roadway in such a manner as to create a safety hazard.”

Q: What penalties exist under Georgia Code § 40-6-248.1(c)? A: Georgia Code § 40-6-248.1(c) states violations “when such violation results in an accident causing serious injury or death shall be guilty of a misdemeanor of a high and aggravated nature.”

Q: What must a driver do after causing property damage? A: Georgia Code § 40-6-270(a) requires the driver to “immediately stop such vehicle at the scene of the accident or as close thereto as possible and shall forthwith return to the scene of the accident.”

Q: Where are vehicle operation laws found in the Georgia Code? A: Vehicle operation laws are found in Georgia Code Title 40, Chapter 6.

Q: Does Georgia law address items dropped on highways? A: Georgia Code § 40-6-249(a) makes it “unlawful for any person or persons to throw, deposit, drop, or drain upon any street or highway” various materials including “trash, garbage, rubbish, litter.”

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.