Which side of a Georgia road should I walk on when there is no sidewalk?

· 3 min read

When a Georgia road has no sidewalk, a pedestrian should walk on the left side, facing oncoming traffic, and stay as far to the outside edge of the roadway as practicable. Georgia law sets this rule by statute, and following it both reduces danger and protects a pedestrian’s position if a crash later leads to a claim.

The walk-facing-traffic rule

Georgia’s pedestrian statute addresses exactly this situation. Under O.C.G.A. § 40-6-96, where neither a sidewalk nor a usable shoulder is available, a pedestrian walking along a highway must keep as near as practicable to an outside edge of the roadway, and on a two-lane road must walk only on the left side. Walking on the left means facing oncoming traffic, which lets a pedestrian see approaching vehicles and step clear if needed. The same statute also requires a pedestrian on a roadway to yield the right of way to vehicles, except where other rules give the pedestrian priority.

A shoulder, when one exists and is usable, is the preferred place to walk. The left-side rule applies specifically when there is no sidewalk and no shoulder to use.

Why the side you walk on can affect a claim

If a pedestrian walking against this rule is struck, the violation can matter. Georgia generally treats a breach of a safety statute as negligence per se, so walking on the wrong side, with traffic instead of facing it, can be used to assign the pedestrian a share of fault. Under the comparative-negligence rule in O.C.G.A. § 51-12-33, that share reduces any recovery and bars it entirely at 50% or more.

That said, walking on the correct side is not a guarantee against blame, and walking on the wrong side does not automatically defeat a claim. The analysis still asks what each party reasonably did. A driver retains the duty under O.C.G.A. § 40-6-93 to exercise due care to avoid striking any pedestrian, to warn when necessary, and to take added precautions around vulnerable people, regardless of which side the person was on. Points that commonly bear on fault include:

  • Whether a usable shoulder existed and the pedestrian used it.
  • Visibility, lighting, and whether the pedestrian was reasonably observable.
  • The driver’s speed, attention, and chance to avoid the collision.

The bottom line

On a Georgia road without a sidewalk, a pedestrian should walk on the left, facing oncoming traffic, and hug the outside edge, as the pedestrian statute directs. Walking on the wrong side can add a share of fault under the comparative-negligence rule, but the driver’s duty of due care toward pedestrians applies no matter which side the person was walking on.

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.

Related:

  1. What do the WALK and flashing DON’T WALK pedestrian signals legally mean in Georgia? Pedestrian signals in Georgia carry specific legal meanings that govern when a person may start across and what to do once a crossing is underway. The WALK and DON'T WALK......
  2. Can two motorcycles legally ride side by side in one Georgia lane? Yes, two motorcycles may ride side by side in a single Georgia lane, but no more than two. The law expressly permits riders to pair up within one lane, draws......
  3. Can a truck be liable for a side underride collision in Georgia? A side underride collision happens when a vehicle strikes the side of a long trailer and slides beneath it, often where the gap between the trailer body and the road......
  4. Who is at fault in a T-bone side-impact collision in Georgia? In a side-impact crash, fault almost always rests on the driver who failed to yield or who entered the intersection unlawfully, because a T-bone happens when one vehicle crosses into......
  5. Can the other side ask the court to throw out my expert’s testimony in Georgia? Yes. A party may ask a Georgia court to exclude an opposing expert's testimony, and these challenges are a routine part of injury litigation. The motion asks the judge, as......
  6. How many interrogatories can the other side send me under Georgia rules? Georgia limits the number of written interrogatories one party may serve on another. The default cap is 50, counting subparts, and a party who wants to exceed it must get......
  7. Who is liable when a wrong-way driver hits me on a Georgia road? A head-on or angled crash caused by someone traveling against traffic almost always points to the wrong-way driver in Georgia. Driving on the incorrect side of the road breaks one......
  8. Who is liable if an aggressive road-rage driver caused my Georgia crash? The aggressive driver is normally liable, and road-rage conduct often makes the case for liability stronger and broader than an ordinary crash. Deliberate or reckless aggression is treated as serious......
  9. How far to the right must I ride my bike on a Georgia road? Georgia does not require a cyclist to hug the curb at all costs. The rule is one of practicality, not precision: a person riding a bicycle on a roadway must......
  10. Does Georgia law treat a bicycle as a vehicle with the same road rights? Georgia law gives a person riding a bicycle on the roadway the same rights as the driver of a vehicle, along with the same duties. A cyclist is a legitimate......
  11. Will not wearing protective clothing reduce my road rash damages in Georgia? Going without a jacket or armored pants does not automatically cut a road-rash recovery in Georgia, though a defendant may try to use it to chip away at certain injury......
  12. Can I sue over a pothole or road defect that caused my Georgia motorcycle crash? Yes, a rider can sometimes sue over a pothole or road defect, but the right to sue a government runs through a procedural gauntlet that does not exist in an......
  13. Is a contractor liable for unsafe road conditions that caused my Georgia motorcycle crash? A road or construction contractor can be held responsible in Georgia when its work creates an unsafe condition that downs a rider. Unlike a government road agency, a private contractor......
  14. What does Georgia’s share-the-road duty require drivers to do around cyclists? Georgia law puts concrete obligations on drivers around cyclists, the most specific being a minimum passing distance. The duty to share the road is not just a slogan on a......
  15. Who is liable if loose livestock on a Georgia road causes my injury? When a cow, horse, or other farm animal wanders onto a Georgia roadway and causes a crash or injury, liability usually rests on the animal's owner, but only if the......

Leave a Reply