Cohen & Sinowski
Cohen & Sinowski

Failure to Maintain Lane OCGA 40-6-48: Understanding Its Role in Georgia Traffic Accidents

  • Published: June 24, 2023

Failure to maintain lane, as defined by Georgia’s OCGA 40-6-48, is a common cause of traffic accidents and personal injury cases in the state. This blog post will discuss the specifics of this law, its implications for personal injury cases, and the importance of seeking legal representation if you have been involved in an accident involving a failure to maintain lane.

Understanding OCGA 40-6-48: Failure to Maintain Lane

Settlements & Resolving Trucking Accident CasesAccording to Georgia law, OCGA 40-6-48 states that a driver must maintain their vehicle within a single lane and only change lanes when it is safe to do so. The law also emphasizes that drivers should not move from their lane until they have ascertained that such movement can be made safely.

Failure to maintain lane can result in various types of accidents, including side-swipe collisions, head-on collisions, and single-vehicle accidents. Violating this law can lead to traffic citations, fines, and potential liability in personal injury cases.

Implications of OCGA 40-6-48 for Personal Injury Cases

In personal injury cases involving failure to maintain lane, the driver who violated OCGA 40-6-48 is often presumed to be at fault. However, this presumption is not absolute, and the at-fault driver may present evidence to counter this assumption. For example, they may argue that a sudden medical emergency or a mechanical failure caused them to leave their lane.

As with other personal injury cases in Georgia, the comparative negligence rule applies. 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 40-6-48 and its role in determining fault is crucial for both plaintiffs and defendants in personal injury cases.

Steps to Take After an Accident Involving Failure to Maintain Lane

If you are involved in an accident caused by a failure to maintain lane, 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 lane change and other factors related to OCGA 40-6-48.
  3. Document the accident scene with photographs, including vehicle damage, road conditions, and any visible lane markings.
  4. Gather contact information from witnesses who can testify about the lane change and other factors.
  5. Consult with a personal injury attorney who can help you navigate the legal process and ensure your rights are protected.

How a Personal Injury Attorney Can Help

A personal injury attorney can provide invaluable assistance in the aftermath of an accident involving failure to maintain lane by:

  • Investigating the accident and gathering evidence to support your claim, including information related to OCGA 40-6-48
  • 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


PartnersUnderstanding Failure to Maintain Lane OCGA 40-6-48 and its impact on personal injury cases in Georgia is essential for protecting your rights and seeking compensation after a traffic accident. 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 an accident involving failure to maintain lane 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.
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