Striking a car that slowed suddenly in the road
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Reviewed & verified by A. Jason Velez, Esq.*
Founding Attorney, 1LAW · Last reviewed January 18, 2024
Legal Inquiry
Consumer Legal Issue
A driver ahead was moving forward and another car, going right, slowed down in the middle of the street. The driver behind could not stop in time and hit it.
Attorney Answer
A driver who stops suddenly in the road is not automatically in the clear — Georgia puts a signalling duty on them too.
Two provisions meet here, and most answers only mention one.
The first is the following driver's. O.C.G.A. § 40-6-49(a) requires a driver not to follow another vehicle more closely than is reasonable and prudent, having due regard for the speed of the vehicles, the traffic and the condition of the highway.
The second is the leading driver's. O.C.G.A. § 40-6-123(c) provides:
No person shall stop or suddenly decrease the speed of a vehicle without first giving an appropriate signal in the manner provided in this Code section to the driver of any vehicle immediately to the rear when there is an opportunity to give such signal.
So a sudden stop without a signal, where there was an opportunity to give one, is itself a failure to comply. Combined with the fact that Georgia recognises no presumption of negligence from a rear-end impact, that makes this a genuine question of apportionment rather than an automatic answer against the driver behind.
Georgia divides fault rather than treating it as all-or-nothing, so both drivers' conduct can bear on the outcome.
What you can do
1. Note whether the leading vehicle's brake lights were working and whether any signal was given. 2. Photograph both vehicles and the location, including where in the road the stop happened. 3. Get the crash report and check how the officer described the sequence. 4. Look for a camera covering that stretch of road, and ask for it in writing. 5. Speak to a Georgia attorney before conceding fault to the other driver's insurer.
⏱ Time limits apply. O.C.G.A. § 9-3-33 requires actions for injuries to the person to be brought within two years after the right of action accrues. Waiting also costs evidence — footage is overwritten and memories fade — so the practical deadline is usually much earlier than the legal one.
A Georgia attorney can tell you quickly how the facts here line up, and most will look at a matter like this at no cost.
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Frequently Asked Questions
Does a driver have to signal before slowing or stopping in Georgia?
O.C.G.A. § 40-6-123(c) prohibits stopping or suddenly decreasing speed without first giving an appropriate signal to the driver immediately behind, where there is an opportunity to give one.
Is the following driver always at fault in a rear-end collision?
No. Georgia recognises no presumption of negligence from a rear-end impact, and a sudden unsignalled stop by the leading driver is relevant to how fault is divided.
Can fault be shared between both drivers?
Yes. Georgia apportions fault rather than treating it as all-or-nothing, so the conduct of both drivers can affect the outcome.