Cyclist-pedestrian accidents are surprisingly frequent. Although there are no statistics available for Georgia specifically, studies indicate that there are thousands of such accidents nationwide each year. While most of these accidents result in only minor injuries, they can also cause more serious physical harm, and in some tragic cases, even death.
When Cyclists and Pedestrians Collide, who is at Fault?
Fault in these cases depends on the particulars of the collision. In some cases, the cyclist is at fault, while in others the pedestrian is to blame. Sometimes both parties share the responsibility. Cyclists and pedestrians each have a duty to act with care and obey the rules of the road. If either party fails to act reasonably under the circumstances, they have breached their duty and are negligent.
Violating Georgia traffic laws, or “rules of the road,” can create negligence. This means that if a Georgia traffic law is broken, negligence is presumed. If a plaintiff can prove that the other party violated a rule of the road, then the burden shifts to the defendant to refute the presumption of negligence and show that they acted with reasonable care.
In most cases, violating a rule of the road means that a person is negligent as a matter of law. However, this isn’t always the case; sometimes a defendant can show that under the particular circumstances, they acted with reasonable care despite violating a traffic rule. A careful assessment of the particular facts of each case is necessary.
Rules of the Road
The most important thing for cyclists to be aware of is that bicycles are considered “vehicles” under the Georgia traffic code. This means that generally speaking, cyclists must follow the same rules of the road as motor vehicles.
What about Sidewalks?
Whether cyclists are allowed to ride on sidewalks is largely up to the laws of local towns and citiies. For instance, Atlanta has determined that it is illegal for adults to ride a bicycle on the sidewalk. This means that if there is a collision between a cyclist and a pedestrian on a sidewalk in Atlanta, the cyclist will be presumed negligent. In other cities and towns this may not be the case.
Special Rules for Cyclists
- Cyclists must ride as close to the right-hand side of the road as is practicable, except when turning left. § 40-6-294.
- Cyclists must be able to maintain at least one hand on the handlebar always. § 40-6-295. This rule doesn’t necessarily mean that cyclists must have a hand on the handlebar at all times, but it does mean that they cannot ride in a way that prevents them from doing so.
- A bike light is required to ride a bike at night. § 40-6-296.
- Cyclists under the age of 16 are required by law to wear a helmet. § 40-6-296.
Special Rules for Pedestrians
- Any pedestrian crossing a street at any point other than a marked crosswalk must yield the right of way to all vehicles, including bicycles, which are on the roadway. § 40-6-92.
- Pedestrians cannot start walking across a street when a “DON’T WALK” traffic signal is showing. § 40-6-22. If a pedestrian is already in the intersection when this signal comes on, they maintain the right-of-way until they exit the road.
Contact Williams Elleby Howard & Easter for More Information
If you have been involved in a cyclist-pedestrian accident, it is important to contact an experienced personal injury attorney to ensure that your rights are protected. Attorney Joel Williams is dedicated to helping clients throughout Georgia in these types of cases. If you would like more information about this issue or would like to discuss your case, please contact Williams Elleby Howard & Easter, at 833 – LEGALGA, or use our website tool to request a free consultation online.
