2020 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 6 - Uniform Rules of the Road
Article 4 - Right of Way
§ 40-6-77. Penalties for Collision Which Causes Serious Injury to Motorcyclist, Pedestrian, Bicyclist, or Farmer Transporting Certain Items

1. 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.
2. 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.

(Code 1981, §40-6-77, enacted by Ga. L. 2006, p. 504, § 2/HB 1392; Ga. L. 2009, p. 65, § 4/SB 196.)

OPINIONS OF THE ATTORNEY GENERAL

Fingerprinting required for violators.

- Those charged with offenses under O.C.G.A. § 40-6-77 are to be fingerprinted. 2007 Op. Att'y Gen. No. 2007-1.

Any misdemeanor offenses arising under subsection (b) of O.C.G.A. § 40-6-77 are offenses for which those charged are to be fingerprinted. 2010 Op. Att'y Gen. No. 10-6.

ARTICLE 5 RIGHTS AND DUTIES OF PEDESTRIANS

JUDICIAL DECISIONS

Cited in Edwards v. Trammell, 187 Ga. App. 22, 369 S.E.2d 288 (1988).

RESEARCH REFERENCES

Am. Jur. 2d.

- 7A Am. Jur. 2d., Automobiles and Highway Traffic, § 231.

Child-Pedestrian Accident Cases, 9 Am. Jur. Trials 427.

- Duty of pedestrian before crossing street to look for vehicles approaching on intersecting street, 9 A.L.R. 1248; 44 A.L.R. 1299.

Duty and liability to persons struck by automobile while crossing street at unusual place, or diagonally, 14 A.L.R. 1176; 67 A.L.R. 313.

Liability for injury to child playing on or in proximity to automobile, 44 A.L.R. 434.

Liability for injury by automobile to child playing ball in the street, 44 A.L.R. 1304.

Validity, construction, and effect of regulations as to the time, place, or manner of crossing street by pedestrian, 49 A.L.R. 1406.

Right or duty to turn in violation of law of road to avoid traveler, or obstacle, 63 A.L.R. 277; 113 A.L.R. 1328.

Liability for injury to pedestrian who suddenly darts or steps into path of automobile, 65 A.L.R. 192; 113 A.L.R. 528.

Liability for injury to pedestrian struck by automobile while walking along street or highway, 67 A.L.R. 96; 93 A.L.R. 551.

Duty of pedestrian crossing street or highway as regards looking for automobiles, 79 A.L.R. 1073.

Liability of owner or operator of motor vehicle for injury to person who has alighted from or is waiting for streetcar or bus, 123 A.L.R. 791.

Liability for injury by vehicle to construction or maintenance worker in street or highway, 5 A.L.R.2d 757.

Application of "assured clear distance ahead" or "radius of lights" doctrine to accident involving pedestrian crossing street or highway, 31 A.L.R.2d 1424.

Failure to comply with statute regulating travel by pedestrian along highway as affecting right to recovery for injuries or death resulting from collision with automobile, 45 A.L.R.3d 658.

Who is "pedestrian" entitled to rights and subject to duties provided by traffic regulations or judicially stated, 35 A.L.R.4th 1117.