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Jacksonville, FL asked in Gov & Administrative Law and Municipal Law for Georgia

Q: Is walking on state highway side illegal in Lakes Park, GA?

I was with my fiancé catching spiders along the guard rail on the side of a state highway in Lakes Park, Georgia. We were completely off the road, and there were no pedestrian lanes or no trespassing signs. An officer stopped us and suggested we shouldn’t be there due to the fast traffic. Is it illegal to walk or stand in that area, or was the officer's suggestion primarily for our safety?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In Georgia, pedestrians are generally allowed to walk along state highways if they stay off the roadway and use the shoulder, unless there are signs posted restricting access. The law mainly prohibits walking in the lanes of traffic where vehicles travel, but being on the shoulder or off to the side is not automatically illegal. That said, highways are considered dangerous environments for pedestrians, so officers may stop people out of concern for safety.

The officer’s suggestion was likely more about protecting you than citing a specific law. Because traffic moves at high speeds on state highways, being near the guard rail can put you at risk even if you are technically off the road. Police officers often have discretion to warn people if they believe a situation is unsafe, even if it doesn’t amount to a legal violation.

Unless there were posted signs or you stepped into the lanes of travel, you were likely not breaking the law. Still, it’s a good idea to take the officer’s advice seriously, since safety is the main concern in areas without sidewalks or pedestrian access. By staying cautious and avoiding those locations when possible, you reduce the chance of further issues and keep yourself out of harm’s way.

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