Bicycle vs. Pedestrian Collisions on Shared Paths

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When a cyclist and a walker collide on a greenway or other shared path, no motor vehicle is involved, and the claim is a collision between two people on a path open to both. The question is which of them failed to use the care the situation called for, and Georgia’s bicycle statutes supply only part of the answer; the rest comes from the general duty of ordinary care and from the rules for dividing fault.

Which Statutes Reach a Path

The chapter’s provisions that apply to vehicles, but not exclusively to motor vehicles, apply to bicycles, with exceptions (OCGA 40-6-291(a)), and Hite v. Anderson, 284 Ga. App. 156 (2007), notes that a bicycle is a vehicle subject to the traffic rules that apply to any other operator of a vehicle. Four provisions speak to the setting or the manner of riding:

  • Bicycle paths. OCGA 40-6-294(d) provides that “[w]henever a usable bicycle path has been provided adjacent to a roadway and designated for the exclusive use of bicycle riders, then the appropriate governing authority may require that bicycle riders use such bicycle path and not use those sections of the roadway so specified by such local governing authority.” By its words, that subsection addresses paths designated for the exclusive use of bicycle riders, not paths shared with pedestrians. A bicycle lane is addressed in subsection (f): a person “operating a bicycle in a bicycle lane shall ride in the same direction as traffic on the roadway.”
  • Sidewalks. OCGA 40-6-144 provides that “no person shall drive any vehicle upon a sidewalk or sidewalk area except upon a permanent or duly authorized driveway,” with one exception: “Except as provided by resolution or ordinance of a local government for sidewalks within the jurisdiction of such local government authorizing the operation of bicycles on sidewalks by persons 12 years of age or younger.” The section therefore turns on whether a surface is a sidewalk.
  • Manner of riding. OCGA 40-6-292(a) requires that a person propelling a bicycle not “ride other than upon or astride a permanent and regular seat attached thereto” and “allow no person to ride upon the handlebars,” and subsection (b) provides that “[n]o bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped.”
  • Two abreast. Persons riding bicycles on a roadway “shall not ride more than two abreast except on bicycle paths, bicycle lanes, parts of roadways set aside for the exclusive use of bicycles, or when a special event permit” allows (OCGA 40-6-294(c)).

The Duty of Ordinary Care

Where no specific rule governs, the case rests on the general duty of care. Hite involved a collision between a driver and a cyclist on a roadway, and it states a principle that applies to any operator of a bicycle: a cyclist who has the right of way “nonetheless had a legal duty to exercise ordinary care under the facts and circumstances of the situation,” including a duty to maintain a proper lookout and to control the speed and movements of the bicycle to avoid a collision that could be seen, by ordinary diligence, to be threatened or imminent. Ordinary care is the care that ordinarily prudent persons use under the same or similar circumstances (OCGA 51-1-2), and what it requires of a pedestrian or a cyclist on a particular path depends on the facts.

A statutory violation does not settle the case. Hite, quoting an earlier decision, explains that negligence per se is not liability per se, and that even where negligence per se is shown the plaintiff must still prove proximate cause and damages. Whether a cyclist’s breach of OCGA 40-6-292, for example, caused a particular fall is a separate question of fact.

Shared Fault Between Two Non-Motorists

Georgia’s apportionment statute applies to any action for injury to person or property. Where the injured person shares the blame, the damages shrink by that person’s percentage of fault, and a share of 50 percent or more bars recovery altogether (OCGA 51-12-33(a), (g)).

For example, imagine a pedestrian knocked down on a shared path, with a jury finding total damages of $30,000 and assigning 25 percent of the fault to the pedestrian for stepping into the cyclist’s path and 75 percent to the cyclist. The judge reduces the award by 25 percent, to $22,500. Had the jury assigned 50 percent to the pedestrian, the award would be barred.

Frequently Asked Questions

Must a child riding on a shared path wear a helmet?
A person under 16 may not ride or be a passenger on a bicycle on a highway, bicycle path, bicycle lane, or sidewalk under state or local control without a bicycle helmet, but a violation is not negligence per se, is not contributory negligence per se, and may not be considered evidence of negligence or liability (OCGA 40-6-296(d)(1), (5)).

What equipment must a bicycle have?
At night, a front light emitting white light visible from 300 feet and a rear light emitting red light visible from 300 feet, although an approved red rear reflector can take the place of the rear light; and at all times, a brake able to make the braked wheels skid on dry, level pavement (OCGA 40-6-296(a), (b)).

Is the owner of a free public trail liable for a dangerous condition on it?
An owner that lets the public use land without charge for recreational purposes, which include hiking and nature study among other activities, owes no duty to keep the land safe for that use or to warn of dangers there, except for a willful or malicious failure to guard or warn, or an injury on a day the owner charged for the recreational use (OCGA 51-3-21(4); OCGA 51-3-22; OCGA 51-3-23; OCGA 51-3-25).

If a city owns the path, how soon must a claim be presented?
A claim against a municipal corporation must be presented in writing to its governing authority within six months of the event on which the claim is based (OCGA 36-33-5(b)).

  • OCGA 40-6-291(a); OCGA 40-6-292(a), (b); OCGA 40-6-294(c), (d), (f); OCGA 40-6-144; OCGA 40-6-296(a), (b), (d)
  • Hite v. Anderson, 284 Ga. App. 156 (2007); Humphreys v. Kipfmiller, 237 Ga. App. 572 (1999) (as quoted in Hite v. Anderson)
  • OCGA 51-1-2; OCGA 51-12-33(a), (g)
  • OCGA 51-3-21(4); OCGA 51-3-22; OCGA 51-3-23; OCGA 51-3-25
  • OCGA 36-33-5(b)

Disclaimer

This article provides general information about collisions between cyclists and pedestrians on shared paths under Georgia law. It is not legal advice and does not create an attorney-client relationship. Fault depends on the facts of each collision and on any local rules that govern a particular path. Anyone injured in such a collision should consult a licensed Georgia attorney promptly about the particular situation.

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