2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 6 - Uniform Rules of the Road
Article 5 - Rights and Duties of Pedestrians
§ 40-6-93. Drivers to Exercise Due Care in Relation to Pedestrians

Universal Citation: GA Code § 40-6-93 (2021)

Notwithstanding other provisions of this chapter, every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.

(Ga. L. 1953, Nov.-Dec. Sess., p. 556, § 80; Code 1933, § 68A-504, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1990, p. 2048, § 5.)


Am. Jur. 2d.

- 8 Am. Jur. 2d, Automobiles and Highway Traffic, §§ 411, 418, 422, 936.

Last Clear Chance, 32 POF2d 625.


- 60A C.J.S., Motor Vehicles, § 891.


- Injury by road vehicle to person on sidewalk, 1 A.L.R. 840; 75 A.L.R. 559.

Right or duty to turn in violation of law of road to avoid traveler, or obstacle, 24 A.L.R. 1304; 63 A.L.R. 277; 113 A.L.R. 1328.

Liability for injury to pedestrian colliding with side of automobile, 25 A.L.R. 1513.

Right of way at street or highway intersections, 37 A.L.R. 493; 47 A.L.R. 595.

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

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

Liability for injury on park strip between sidewalk and curb, 59 A.L.R. 387; 61 A.L.R. 267; 19 A.L.R.2d 1053.

Liability for injury to pedestrian struck by automobile as affected by his blindness, deafness, or other physical disability, 62 A.L.R. 578.

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 and liability to person struck by automobile while crossing street at unusual place or diagonally, 67 A.L.R. 313.

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.

Intoxication of person injured or killed as affecting applicability of last clear chance doctrine, 26 A.L.R.2d 308.

Duty of motor vehicle driver approaching place where children are playing or gathered, 30 A.L.R.2d 5.

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.

Liability for motor vehicle accident where vision of driver is obscured by smoke, dust, atmospheric condition, or unclean windshield, 42 A.L.R.2d 13; 32 A.L.R.4th 933.

Rights of injured guest as affected by obscured vision from vehicle in which he was riding, 42 A.L.R.2d 350; 32 A.L.R.4th 933.

Instructions on sudden emergency in motor vehicle cases, 80 A.L.R.2d 5.

Motorist's liability for injury to one in or about a street or highway for the purpose of directing or warning traffic, 98 A.L.R.2d 1169.

Liability for collision of automobile with pedestrian at intersection as affected by reliance upon or disregard of traffic sign or signal other than stop-and-go signal, 3 A.L.R.3d 557.

Liability of motorist colliding with person engaged about stalled or disabled vehicle on or near highway, 27 A.L.R.3d 12.

Automobiles: sudden emergency as exception to rule requiring motorist to maintain ability to stop within assured clear distance ahead, 75 A.L.R.3d 327.

Liability, in motor vehicle-related cases, of governmental entity for injury or death resulting from defect or obstruction on roadside parkway or parking strip, 98 A.L.R.3d 439.

Motor vehicle operator's liability for accident occurring while driving with vision obscured by smoke or steam, 32 A.L.R.4th 933.

Sufficiency of evidence to raise last clear chance doctrine in case of automobile collision with pedestrian or bicyclist - modern cases, 9 A.L.R.5th 826.

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