O.C.G.A. § 40-6-73 (2019)

Annotations

JUDICIAL DECISIONS Driver yields to all vehicles in process of passing. - Ga. L. 1953, Nov.-Dec. Sess., p. 556 specifies ‘‘all vehicles,’’ which, in the absence of exceptions, must be construed to include vehicles which are in the process of passing, whether the vehicles are doing so in a legal or an illegal manner. Munday v. Brissette, 113 Ga. App. 147, 148 S.E.2d 55, rev’d on other grounds, 222 Ga. 162, 149 S.E.2d 110 (1966). In an action arising out of an automo-

bile accident, the trial court did not express an opinion to the jury as to which vehicle had the right-of-way, but carefully avoided answering the question posed by a juror which called on the court to express an opinion as to who had the right-of-way in the center turn lane where the accident occurred. Latargia v. Toole, 196 Ga. App. 692, 396 S.E.2d 607 (1990). Visibility of approaching vehicles. - O.C.G.A. § 40-6-73 places no duty on the driver entering the roadway to yield to

even properly approaching vehicles if the approaching vehicles are not visible to the driver of the entering vehicle. Harrison v. Ellis, 199 Ga. App. 199, 404 S.E.2d 348 (1991). Pattern charges on yielding the right of way and the duty to yield when entering or crossing a roadway from a private road were proper since, although the defendant did not at first see the plaintiff approaching, the defendant continued into the roadway after the defendant did see the plaintiff. Claxton v. Lee, 229 Ga. App. 357, 494 S.E.2d 80 (1997). Knowledge of illegal approach. - O.C.G.A. § 40-6-73 requires a driver entering a roadway to yield to an illegally approaching vehicle only when the driver of the entering vehicle has knowledge of the illegal approach of that vehicle. Harrison v. Ellis, 199 Ga. App. 199, 404 S.E.2d 348 (1991). Last clear chance. - While a charge on last clear chance might have helped clarify the issue of fault for the jury, it was not ground for reversal that such a charge was not given, absent any request for, or objection to, such an instruction. Harrison v. Ellis, 199 Ga. App. 199, 404 S.E.2d 348 (1991). Section found inapplicable. - See Blake v. Continental S.E. Lines, 168 Ga. App. 718, 309 S.E.2d 829 (1983). Jury instruction upheld. - Trial court did not err in instructing the jury that the plaintiff had no duty to yield the right-of-way if the jury found that the plaintiff, after stopping and looking, could not see the defendant’s automobile as the plaintiff entered the roadway since the jury was authorized to find that the defendant’s automobile was not visible to the plaintiff as the plaintiff entered the roadway and thus a charge indicating the possible inapplicability of O.C.G.A. § 40-6-73 under such circumstances was adjusted to the evidence. Simpson v. Reed, 186 Ga. App. 297, 367 S.E.2d 563, cert.

denied, 186 Ga. App. 919, 367 S.E.2d 563 (1988); Money v. Daniel, 188 Ga. App. 215, 372 S.E.2d 305 (1988). When there was conflicting testimony regarding how far from the store an accident occurred, but it was undisputed that the defendant pulled out of a stationary area and reentered a highway before the accident, the trial court did not err in charging the jury on the issue of duty. Hall v. Buck, 206 Ga. App. 754, 426 S.E.2d 586 (1992). Examination of an entire jury charge showed that the trial court correctly instructed the jury on the northbound motorist’s duty to exercise ordinary care while looking for approaching vehicles before exiting a parking lot in a case where the northbound motorist was waved into a center lane and struck the southbound motorist’s car that was already in the center lane but which the northbound motorist may not have seen approaching since the southbound lanes were backed up with cars. Driscoll v. Walters, 267 Ga. App. 688, 600 S.E.2d 744 (2004). Evidence sufficient to support conviction. - Defendant’s conviction of failure to yield when entering a roadway, O.C.G.A. § 40-6-73, was affirmed; the conviction was supported by sufficient evidence that the defendant failed to yield before pulling out from behind a parked car onto the roadway, and defendant validly waived the defendant’s rights to counsel and to a jury trial. Dellinger v. State, 269 Ga. App. 878, 605 S.E.2d 632 (2004). Defendant was properly found guilty of failure to yield based on the testimony of the arresting officer that the defendant almost caused a collision from pulling out of a bar parking lot onto the roadway. Dorsey v. State, 327 Ga. App. 226, 757 S.E.2d 880 (2014). Cited in Hunt v. Schmitt, 190 Ga. App. 554, 379 S.E.2d 409 (1989); Butler v. Huckabee, 209 Ga. App. 761, 434 S.E.2d 576 (1993); Roberts v. Dove, 234 Ga. App. 853, 508 S.E.2d 213 (1998).

RESEARCH REFERENCES Am. Jur. 2d. - 7A Am. Jur. 2d, Automobiles and Highway Traffic, § 289.

Am. Jur. Proof of Facts. - Last Clear Chance, 32 POF2d 625.

C.J.S. - 60 C.J.S., Motor Vehicles, §§ 53, 54, 56. 60A C.J.S., Motor Vehicles, § 846 et seq. ALR. - Right of way at street or highway intersections, 37 A.L.R. 493; 47 A.L.R. 595. Reciprocal duties of drivers of automobiles or other vehicles proceeding in the same direction, 47 A.L.R. 703; 62 A.L.R. 970; 104 A.L.R. 485.

Right of way as between vehicles in street or highway and vehicles approaching from private driveway, 50 A.L.R. 283. Automobiles: cutting corners as negligence, 115 A.L.R. 1178. Liability for injury or damage growing out of pulling out of parked motor vehicle, 29 A.L.R.2d 107.