A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn's car, injuring her. Jocelyn's best theory for recovery against Hale and Interstate Trucking is

Question

A Georgia state statute requires commercial vehicle drivers to "fully attend to the operation of the vehicle." Hale, a driver for Interstate Trucking, Inc., is driving and talking on his cell phone when his rig collides with Jocelyn's car, injuring her. Jocelyn's best theory for recovery against Hale and Interstate Trucking is​

Quizplus · Accepted Answer

The Georgia state statute requiring commercial vehicle drivers to "fully attend to the operation of the vehicle" creates a duty of care for drivers, and violating this statute may constitute negligence per se. Jocelyn may argue that Hale's talking on his cell phone while driving violated this statute and thus he was negligent. Therefore, negligence per se is the best theory for recovery against Hale and Interstate Trucking. Neither the Good Samaritan statute, res ipsa loquitur, nor the "danger invites rescue" doctrine would apply in this situation.

A Georgia State Statute Requires Commercial Vehicle Drivers to "Fully