O.C.G.A.
O.C.G.A.

O.C.G.A. § 40-9-41 (2019)

Matters not to be evidence in civil actions for damages

✓ O.C.G.A. — 2019 edition (Public.Resource.Org Release 73)
Code text and O.C.G.A. statutory annotations on this page reflect the 2019 Official Code of Georgia Annotated (Public.Resource.Org Release 73, 2019-08-21; public domain per Georgia v. Public.Resource.Org, 2020). The Syfert case-law annotations in Notes of Decisions, below, are current.
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Neither any accident report filed with the Department of Transportation, the action taken by the Department of Driver Services pursuant to this chapter, the findings, if any, of the department upon which such action is based, nor the security filed as provided in this chapter shall be referred to in any way, nor shall they be any evidence of the negligence or due care of either party, at the trial of any action at law to recover damages.

History

(Ga. L. 1951, p. 565, § 11; Code 1933, § 68C-310, enacted by Ga. L. 1977, p. 1014, § 1; Ga. L. 1994, p. 97, § 40; Ga. L. 2005, p. 334, § 20-3/HB 501.)

Annotations

JUDICIAL DECISIONS Diagram prepared by investigating police officer admissible. - In a negligence action arising out of a motor vehicle collision, a diagram prepared by the investigating police officer as part of the offi-

cer’s report, but not filed with the department, was properly admitted. Pryor v. Phillips, 222 Ga. App. 116, 473 S.E.2d 535 (1996).

ARTICLE 3 UNSATISFIED JUDGMENTS Cross references. - Verdict and judgment generally, T. 9, C. 12. RESEARCH REFERENCES ALR. - Validity and application of statute or regulation authorizing revocation or suspension of driver’s license for

reason unrelated to use of, or ability to operate, motor vehicle, 18 A.L.R.5th 542.

Notes of Decisions
Cited in 2 cases, 1996–2001 · leading case: Pryor v. Phillips, 473 S.E.2d 535 (Ga. Ct. App. 1996).
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Pryor v. Phillips, 473 S.E.2d 535 (Ga. Ct. App. 1996). · cites it 4× “Pryor objected to *118 this diagram on the ground that under OCGA § 40-9-41, accident reports submitted to the Department of Public Safety may not be referred to or admitted in a civil damages trial.”
Mintah v. Arms, 555 S.E.2d 466 (Ga. Ct. App. 2001). · cites it 2× “OCGA § 40-9-41; see also Brown v. State, 274 Ga.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.