Attorney Richard Armond of The Armond Firm, LLC, is licensed to practice law in the State of Georgia. Based in Gwinnett County, he handles serious injury and wrongful death cases throughout metro Atlanta and the State of Georgia. Call him for a free consultation at (678) 661-9585.
Georgia law provides protections for bicyclists using the roadways of our state. Most pertinent are O.C.G.A. §§ 40-6-55 and 40-6-56. The first statute, O.C.G.A. § 40-6-55, applies to roadways in which there is a designated bicycle lane. This code section requires that the driver of a motor vehicle yield to a bicyclist operating a bicycle in the designated bicycle lane. A violation of this statute is not only a crime, but if a cyclist is injured by a driver who failed to yield to the cyclist this statute can be the basis of a civil cause of action for damages.
O.C.G.A. § 40-6-56 requires that “when feasible, the operator of a motor vehicle, when overtaking and passing a bicycle that is proceeding in the same direction on the roadway, shall leave a safe distance between such vehicle and the bicycle and shall maintain such clearance until safely past the overtaken bicycle.” Basically, when passing a bicyclist on a roadway a motorist must leave a safe distance between the car and bicyclist. What is a safe distance? The statute defines it as “not less than three feet.” In other words, when a motor vehicle of any type passes a cyclist in Georgia, the driver must leave AT LEAST three feet. A violation of this statute is also both a crime and a potential cause of action when the violation results in injury to the cyclist.
Georgia law also provides additional provisions specific to bicycles, but the two code sections outlined above, commonly referred to as the “share the road” statutes, provide some protection to cyclists. The way some motor vehicle drivers behave behind the wheel, it is a miracle that more serious bicycling incidents do not occur. If you or a loved one have been injured or killed in a bicycle accident and would like to speak with an attorney contact Richard Armond at (678) 661-9585 for a free consultation.
The information above is for informational purposes only and should not be relied upon as legal advice, nor does the reading of it form an attorney-client relationship. Always consult directly with an attorney for legal advice.