Cohen & Sinowski
Cohen & Sinowski

The Impact of Following Too Close OCGA 40-6-49 on Personal Injury Cases in Georgia

  • Published: June 23, 2023

The Top Six Steps To Take After A Car Accident In Marietta, GeorgiaIn Georgia, tailgating or following too closely is a common cause of rear-end collisions, often leading to personal injury claims. The state’s law, OCGA 40-6-49, explicitly addresses this issue and outlines the responsibilities of drivers. This blog post will discuss the implications of Following Too Close OCGA 40-6-49 and its effect on personal injury cases in Georgia.

Understanding OCGA 40-6-49: Following Too Close

According to Georgia law, OCGA 40-6-49 states that a driver must maintain a safe distance from the vehicle ahead to avoid a collision. The law also emphasizes that drivers should consider the speed of the vehicles, traffic conditions, and the condition of the road when determining a safe following distance.

In essence, OCGA 40-6-49 aims to prevent rear-end collisions caused by drivers following too closely. Violating this law can result in traffic citations, fines, and potential liability in personal injury cases.

Impact of OCGA 40-6-49 on Personal Injury Cases

In personal injury cases resulting from a rear-end collision, the driver who was following too closely is often presumed to be at fault. This presumption is based on the idea that if a driver maintains a safe following distance, they should be able to avoid a collision, even if the vehicle ahead stops suddenly.

However, this presumption is not absolute, and the at-fault driver may present evidence to counter this assumption. For example, they may argue that the vehicle ahead stopped abruptly without warning, or that another driver’s actions contributed to the accident.

In Georgia, the comparative negligence rule applies to personal injury cases. This means that if a plaintiff is found partially at fault for the accident, their compensation may be reduced by their percentage of fault. Therefore, understanding the implications of OCGA 40-6-49 and its role in determining fault is crucial for both plaintiffs and defendants in personal injury cases.

Steps to Take After a Rear-End Collision

If you are involved in a rear-end collision, taking the following steps can help protect your rights and strengthen your personal injury claim:

  1. Seek medical attention immediately, even if you feel fine. Some injuries may not be apparent right away.
  2. Call the police and obtain a copy of the accident report. The report may include crucial information about the following distance and other factors related to OCGA 40-6-49.
  3. Document the accident scene with photographs, including vehicle damage and road conditions.
  4. Gather contact information from witnesses who can testify about the following distance and other factors.
  5. Consult with a personal injury attorney who can help you navigate the legal process and ensure your rights are protected.

Cohen & SinowskiHow a Personal Injury Attorney Can Help

A personal injury attorney can provide invaluable assistance in the aftermath of a rear-end collision by:

  • Investigating the accident and gathering evidence to support your claim, including information related to OCGA 40-6-49
  • Negotiating with insurance companies to ensure you receive fair compensation for your injuries
  • Representing your interests in court, if necessary
  • Advising you on Georgia’s comparative negligence rule and its implications for your case


Understanding Following Too Close OCGA 40-6-49 and its impact on personal injury cases in Georgia is essential for protecting your rights and seeking compensation after a rear-end collision. A personal injury attorney plays a crucial role in guiding you through the legal process and ensuring your best interests are represented.

If you or a loved one has been injured in a rear-end collision in Georgia, the experienced team at Cohen & Sinowski is here to help. Contact us today for a free consultation at (404) 351-8888 or visit our website at Remember, there’s no fee unless we win your case.

Cohen & Sinowski

The personal injury attorneys of Cohen & Sinowski are
dedicated to helping clients in the Metro Atlanta area.
Call Us Today! (404) 383-8835

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