Drivers and Pedestrians – Share Georgia’s Roads
The weather is warming up and it’s time to dust off those running shoes. At Koester Legal, we want you to enjoy everything that the great outdoors in Georgia have to offer while being safe. Few roads in Cherokee County and the surrounding suburban areas have sidewalks. If you plan on jogging along a street or walking your children to school, there are a few safety guidelines you should follow.
- Tell Someone Where You are Going. Always let someone know the route you plan to take and when you will be back.
- Do Not Run with Earphones. Staying alert includes being able to hear. Enjoying that perfect playlist and tuning out your daily distractions are why runners run. But don’t be so “in the zone” you can’t hear that big truck or Tesla behind you.
- Run Against Traffic. Don’t be afraid to go against the grain. It makes you more visible to drivers. But more importantly, it allows you a better opportunity to avoid a deadly encounter with car or truck.
- Wear Bright or Reflective Clothing. Wearing reflective running gear or a runner’s light makes you more visible to traffic. If you run with a light on your head, drivers may confuse you with a Martian or a miner, but at least they will see you.
Georgia has specific laws regarding sharing the road.
O.C.G.A. § 40-6-96 requires pedestrians to yield to all cars on the road. Careless drivers beware! This law does not give drivers the automatic right way. However, if there is a sidewalk, you must use it. If there is no sidewalk available, you should walk or run on the shoulder of the road as far away from cars as possible. If there isn’t a shoulder, you should walk or run on the outside edge of the road. Use your best judgment and recognize that drivers don’t often seen pedestrians until its too late.
O.C.G.A. § 40-6-93 requires drivers in Georgia to exercise due care. The law goes on to state that “every driver of a vehicle shall exercise due care to avoid colliding with any pedestrian upon any roadway, shall give warning by sounding his horn when necessary, and shall exercise proper precautions upon observing any child or any obviously confused, incapacitated, or intoxicated person.”
Folks often ask, “what does due care mean?” Due care refers to the level of judgment, care, prudence, purpose, or mindfulness that a person would reasonably be expected to use under similar circumstances. For example, if you are driving near a school, park, or intersection, the level of judgment, care, and prudence that a driver would reasonably be expected to use would be different than out on a rural highway.
As it relates to Georgia Drivers sharing the road with pedestrians such as kids walking to school and joggers, due care refers to the effort made by an ordinarily prudent or reasonable person to avoid harm to another, taking the circumstances into account. In other words, drivers are responsible for exercising caution and sharing the road with everyone, not just other cars.
Drivers should use their car horn to give a warning, and of course, drive with your headlights on. Again, drivers are required to use precaution if they see a child or a person who appears to be incapacitated, intoxicated, or otherwise confused along a road.
Pedestrians should also use crosswalks to cross the road whenever possible. If you are in a crosswalk, Georgia law requires approaching cars to stop for you and allow you to cross safely. Of course, before crossing the road you should always stop and check for oncoming traffic. If you have already entered the road under safe conditions and are in the process of crossing, then vehicles must yield to you.
Pedestrian laws in the state of Georgia place responsibility on the pedestrian and the driver to avoid a collision. Both parties are required to use precaution.
Drivers must maintain a safe distance from pedestrians. Due care also means not driving while distracted by a cell phone or GPS device. We are all aware of recent tragedies involving texting while driving. But equally distracting is attempting to use “google maps” or GPS navigation equipment. –Remember “Be Late, Don’t Navigate.”
If you have been in a crash or hit by a careless driver, call us today. 770-744-5250.
