Does my bicycle keep right of way going straight through a Georgia intersection?

· 2 min read

A cyclist riding straight through a Georgia intersection generally holds the same right of way a car would in that position. Georgia treats a bicycle on the roadway as a vehicle, so the rider gains the right-of-way protections that come with lawful, straight-through travel.

A bicycle carries vehicle rights of way

Georgia applies the rules of the road to bicycles, giving a rider both the duties and the rights of a driver. When a cyclist enters an intersection on a green light or with the right of way at a stop-controlled crossing, oncoming and cross traffic owe the rider the same yielding obligations they owe any vehicle. A driver turning left must yield to the straight-through bicycle under O.C.G.A. § 40-6-71, and a driver facing a stop sign must yield to a rider already in or approaching the intersection.

Because the bicycle is traffic, a motorist cannot treat the rider as something to be brushed aside. The duty to look for and yield to a cyclist with the right of way is the same duty owed to a car, even though the bike is smaller and easier to overlook.

Conditions that complicate the right of way

Holding the right of way is not the same as being free from all fault. O.C.G.A. § 51-12-33 still allows a Georgia jury to assign the rider a percentage of the blame, trimming the recovery by that amount and cutting it off entirely at half. A cyclist who entered against a red light, rode the wrong way, or had no lights at night may forfeit the protection the right of way would otherwise supply. The right of way belongs to the rider who is also following the rules.

Factors that tend to decide a contested intersection crash include:

  • The signal or sign facing each party.
  • Which vehicle entered the intersection first.
  • The rider’s direction of travel and lane position.
  • Visibility and lighting at the time.

The bottom line

Going straight through a Georgia intersection, a cyclist keeps the right of way that a vehicle in the same position would have, and other drivers must yield accordingly. That protection depends on the rider also obeying the signals and rules, because Georgia’s percentage-based fault system can still divide responsibility when a cyclist’s own conduct contributed to the crash.

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.

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