Negligence Per Se and the Standard of Care
The Georgia General Assembly has codified certain minimum standards for the operation of motor vehicles on Georgia public roadways, including CMVs. A violation of a “Rule of the Road” constitutes negligence per se, so long as traditional elements such as proximate cause are also present. Further, the Rules of the Road apply to parking lots, shopping centers, and other similar areas which, although privately owned, are customarily used as a through streets or connector streets. Other provisions of the O.C.G.A. may make the Rules of the Road applicable to other private or common areas; therefore, when it appears a wreck has occurred in such an area, a review of the relevant statute may be necessary. In the context of a motor carrier, it is important to note that the general rule is that a federal safety regulation will not pre-empt a conflicting state or local safety regulation. Therefore, while it is unlikely that the Georgia ROR would create an impossible conflict with the FMCSR, but this possibility must be kept in mind.
CMV Driver: Ordinary Care Or Diligence