Personal Injury Law

Bicycle Laws - Equipment

As we previously wrote, there are specific laws regulating bicycles in the state of Georgia. Many of these requirement are unknown to bike riders, and in many instances are used by defendants to attempt to avoid liability for injuring bike riders. Our attorneys have seen one section in particular used many times by defense attorneys in an effort to try to shift blame from an at fault motorist onto the biker. That law, Section 40-6 -294 of the Official Code of Georgia, establishes requirements for lights, equipment and helmets.

It provides that every bicycle when in use at nighttime shall be equipped with a front light which shall emit a white light visible from 300 feet from the front; and, a red rear reflector of a type approved by the Department of Public Safety, visible for 300 feet to the rear when directly in front of a lawful upper beam of headlights on a motor vehicle. A light emitting red light visible from a distance of 300 feet from the rear may be used in addition to the reflector.

The law also requires that every bicycle sold or operated in the state shall have a brake which will enable the operator to make the braked wheel skid on dry level pavement. No bike can have handlebars which require the operator to raise his or her hands above shoulder level in order to grasp the normal steering grip.

Also, no bike can be equipped or modified to cause the pedal in the lower most position to be more than 12 inches above the ground. It is unlawful to operate a bike in such condition.

Better known is the provision which prohibits a person under 16 to operate or ride on bike on any highway, road, bike path, or sidewalk without an approved helmet. Additionally, the helmet must be a ?good fit? and fashioned securely to the head.

While one might expect the failure to wear a helmet to be used as a common defense, in our experience, we have seen defense experts try to rely on the pedal height requirement and the lighting requirement in fashioning defenses for at fault motorists. Every bike rider should be aware of these provisions

Full post as published by Georgia Injury Lawyer Blog on July 25, 2008 (boomark / email).