Legal Question in Traffic Law in Georgia

who is at fault?

I was entering the ramp onto I-285 N expressway there was a car several feet in front of me which appeared from a distance to be moving. There were no brake lights on. However, it was not until I got closer that I realized that the driver was not moving on the ramp. I hit my brakes and because it was so sudden and i was going downhill, I lost control of my car and my car veered to the left,and was hit from the back and driver side by a tractor trailer which pushed me back into the car that caused me to lose control initially. I was given a ticket for failure to maintain my lane. However, I was told by the cop that the other driver would cited for blocking the flow of traffic, because although she stated she had stopped because she was trying to merge into oncoming traffic, she had no reason to stop or yield because that lane was a continuous lane and it did not end nor merge with any other lane. But she did not receive a ticket for the accident. Is that fair?


Asked on 4/28/03, 10:23 am

1 Answer from Attorneys
Chris Westmoreland Chris Westmoreland - Attorney at Law

Re: who is at fault?

GA law does not provide for a charge of "Causing an Accident". Impeding the Flow of Traffic is a moving violation that can be a contributing cause of an accident - and assuming the facts you gave, it sounds like it was in your case. I hope this helps.

Sincerely,

Chris Westmoreland

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Answered on 5/01/03, 1:46 pm


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