Editor's notes.

- In light of the similarity of the statutory provisions, decisions under Ga. L. 1938, p. 295 are included in the annotations for this Code section.

Standard for determining emergency stop.

- Standard to be applied in determining whether the operator has made an emergency stop on the public highway is whether an ordinarily prudent man, under the same or similar circumstances, and with the same information available to the operator as to conditions to be considered in determining where the stop should be made, would have acted in the same manner. Smith v. Nelson, 123 Ga. App. 712, 182 S.E.2d 332 (1971).

Positioning vehicle in lawful area.

- Although there may be no sufficient space at the immediate point of the emergency, yet if the vehicle can consistently with law and common prudence be moved to some other area where lawful space may be had, the driver should under the law pursue the latter course. Potts v. Sessions, 77 Ga. App. 259, 48 S.E.2d 561 (1948) (decided under Ga. L. 1939, p. 295).

Section applicable where driver indicates brakes unsafe.

- Charging the jury on O.C.G.A. § 40-6-204 was proper after the driver of a truck indicated that the condition of the driver's brakes made it impossible for the driver to effect a safe stop. Grogan v. Bennett, 208 Ga. App. 102, 430 S.E.2d 94 (1993).

Cited in Wallace v. Ener, 521 F.2d 215 (5th Cir. 1975); Fabian v. Vincent, 155 Ga. App. 464, 270 S.E.2d 858 (1980); Blake v. Continental S.E. Lines, 161 Ga. App. 869, 289 S.E.2d 551 (1982); Brown v. Shiver, 183 Ga. App. 207, 358 S.E.2d 862 (1987); Robinson v. Metropolitan Atlanta Rapid Transit Auth., 197 Ga. App. 628, 399 S.E.2d 252 (1990); Dial v. Natalizi, 246 Ga. App. 97, 539 S.E.2d 617 (2000).

C.J.S.

- 60A C.J.S., Motor Vehicles, § 759.

ALR.

- Negligence or contributory negligence of driver or occupant of motor vehicle parked or stopped on highway without flares, 67 A.L.R.2d 12.