It lets a plaintiff use a broken traffic law to show the other driver breached the duty of care, without a jury having to decide what a reasonable driver would have done. Georgia’s Rules of the Road in Title 40, Chapter 6, are the main source. O.C.G.A. § 51-1-6 supports the claim. It still doesn’t decide who pays, because negligence per se settles the breach, not liability.
| Traffic law | Section | Causation question |
|---|---|---|
| Following too closely | § 40-6-49 | Would more distance have prevented the crash? |
| Crosswalk | § 40-6-91 | Was the pedestrian within the zone? |
| Hands-free | § 40-6-241 | Was the phone actually in use at impact? |
| Failure to report | § 40-6-273 | Didn't cause the crash |
| Suspended license | Title 40, Chapter 5 | May not be a cause of the crash at all |
That last row shows the limit. A driver with a suspended license who is hit while stopped has broken a law, but the law had nothing to do with the crash.
Proof of the violation can come from the officer’s testimony, a citation, video, or a witness. A guilty plea can be an admission, and a nolo plea can’t be used that way, § 17-7-95(c). A citation that’s dismissed isn’t proof by itself in either direction.
Violations by the plaintiff count too. A person cited for speeding may lose a share under § 51-12-33, or everything at 50 percent or more. Fault percentages come after the violation is shown, and multiple violations can exist in one crash.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.