O.C.G.A. § 40-6-42 (2019)

Annotations

Law reviews. - For comment on Roberts v. Phillips, 35 Ga. App. 733, 134 S.E.

837 (1926), see 1 Ga. L. Rev. No. 1, p. 49 (1927).

JUDICIAL DECISIONS Driver unaware that vehicle being overtaken. - O.C.G.A. § 40-6-42 does not intend to impose absolute criminal or civil liability upon the driver of a vehicle who does not know, nor are the facts to show the driver should have known, that the driver’s vehicle was being overtaken. James v. Allen, 173 Ga. App. 636, 327 S.E.2d 501 (1985). Evidence sufficient to support jury verdict. - Trial court properly denied a motion for judgment notwithstanding the verdict since the movant, driving a van, had attempted to overtake and pass a motorcycle without changing lanes, resulting in a collision. The evidence was such that the jury could have reasonably found that the movant violated both O.C.G.A. §§ 40-6-42 and 40-6-312(a). Neiswonger v. Janics, 196 Ga. App. 607, 396 S.E.2d 553 (1990). Evidence sufficient to find violation. - When the evidence in a criminal prosecution authorized a finding that, in attempting to pass an automobile travelling in the same direction, the defendant showed a purpose to take a known chance of perpetrating an injury on another, in that the defendant knew that automobiles were likely to be approaching on the high-

way from the opposite direction, and was so indifferent to the rights of others that the defendant acted as if they did not exist, the defendant was guilty, not merely of ordinary negligence, but of a higher degree thereof, to wit, gross or criminal negligence. Collins v. State, 66 Ga. App. 325, 18 S.E.2d 24 (1941). When two automobiles collided near the front of a parked automobile, which the defendant was passing, while the defendant’s car was to the left of the center of the highway and on the plaintiff-driver’s side of the road, this was a violation of former Code 1933, § 68-303 and was negligence per se. Hodges v. Pilgrim, 88 Ga. App. 256, 76 S.E.2d 454 (1953). Audible warning by overtaking vehicle unnecessary. - Driver of a vehicle overtaking another vehicle proceeding in the same direction does not have to sound a horn or give any other audible warning before passing. Aultman v. Spellmeyer, 111 Ga. App. 769, 143 S.E.2d 403 (1965). Cited in Hanover Ins. Co. v. Rollins, 136 Ga. App. 595, 222 S.E.2d 91 (1975); Smith v. Southeastern Stages, Inc., 479 F. Supp. 593 (N.D. Ga. 1977); Burnett v. Doster, 144 Ga. App. 443, 241 S.E.2d 319 (1978).

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 249, 250. C.J.S. - 60A C.J.S., Motor Vehicles, §§ 652, 715, 741 et seq.

ALR. - Reciprocal duties of drivers of automobiles or other vehicles proceeding in the same direction, 24 A.L.R. 507; 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

Rights and liabilities as between drivers of motor vehicles proceeding in same direction, where one or both attempt to pass on left of another vehicle so proceeding, 27 A.L.R.2d 317. Reciprocal rights, duties, and liabilities where driver of motor vehicle attempts to pass on right of other motor vehicle proceeding in same direction, 38 A.L.R.2d 114. Reciprocal rights, duties, and liabilities where motor vehicle driver, passing on left of other vehicle proceeding in same direction, cuts back to the right, 48 A.L.R.2d 232.

Duty and liability as to signaling following driver to pass or giving him warning of approaching danger, 48 A.L.R.2d 252. Construction, applicability, and effect of traffic regulation prohibiting vehicles from passing one another at street or highway intersection, 53 A.L.R.2d 850. Duty and liability of overtaken driver with respect to adjusting speed to that of passing vehicle, 91 A.L.R.2d 1260. Automobiles: duty and liability with respect to giving audible signal before passing, 22 A.L.R.3d 325.