Can a Georgia driver pass another car that has stopped for me at a crosswalk?
No. Georgia law forbids a driver from overtaking and passing a vehicle that has stopped at a crosswalk to let a pedestrian cross. This rule targets one of the most dangerous moments for a pedestrian, when a stopped car blocks the view between the crossing pedestrian and a second vehicle approaching in the next lane.
The no-passing rule at crosswalks ¶
O.C.G.A. § 40-6-91 provides that whenever a vehicle is stopped at a marked crosswalk, or at an unmarked crosswalk at an intersection, to permit a pedestrian to cross, the driver of any other vehicle approaching from the rear may not overtake and pass the stopped vehicle. The purpose is straightforward: the stopped car signals that a pedestrian is in the roadway, and a driver who swings around it can strike the pedestrian who steps out from behind the blocking vehicle.
This makes a stopped vehicle a warning, not an invitation to go around. A driver who passes it not only violates the statute but also drives into a space where a pedestrian is likely present and hard to see.
How it fits the broader crosswalk protections ¶
The no-passing rule works alongside the basic yield duty. The same statute also commands a driver to halt and stay halted for a pedestrian in the crosswalk who has reached the driver’s half of the road or sits within one lane of it. Together, these provisions are designed to keep every approaching lane clear so a pedestrian can finish crossing safely, including a pedestrian who is already partway across.
The statute still expects a pedestrian not to spring from safety into the path of a car that cannot stop in time, but that limit gives no driver license to pass a stopped car at a crosswalk.
When a violation causes injury ¶
If a driver illegally passes a stopped vehicle and hits a pedestrian, breaking the statute can serve as evidence of negligence in a claim. O.C.G.A. § 51-12-33 measures any carelessness by the pedestrian as a percentage that can pull down the recovery and erase it at 50% or more. A pedestrian crossing lawfully while a car had stopped for them generally has a strong position against a passing driver.
The bottom line ¶
A Georgia driver may not pass another car stopped at a crosswalk for a pedestrian, because the law treats that stopped vehicle as a signal that someone is crossing. Violating the rule supports a negligence claim if a pedestrian is struck, with comparative fault governing any shared responsibility.
This article is for general educational and informational purposes only and is not legal advice. It does not create an attorney-client relationship, and Georgia law may change. For advice about a specific situation, consult a licensed Georgia personal injury attorney.