By Neil Kapitsky, Attorney and Racing Cyclist

As someone who has been pedaling Georgia's roads since 1986 and representing injured cyclists in court since 1995, I've seen both sides of the cycling safety equation. Today, I want to share why I've become a strong advocate for Georgia's proposed three-foot law—and why my opinion on this issue has completely transformed over time.

What Is the Three-Foot Law?

The three-foot law, currently under consideration in Georgia, would require motorists to maintain at least three feet of clearance when passing cyclists on the roadway. It's a simple concept with potentially life-saving implications.

My Initial Skepticism

I'll be honest—I wasn't always on board with this legislation. As a racing cyclist, my first instinct was that skilled riders don't need that much space. I can hold a straight line, and really, I just need drivers not to hit me. Period.

I also worried about the potential for increased hostility from motorists. Let's face it—many drivers already view cyclists as obstacles on "their" roads. Did we really need to give them another reason to resent our presence?

Why I Changed My Mind Completely

After countless conversations with fellow cyclists, accident victims, and legal experts, my perspective has done a complete 180. Here's why the three-foot law isn't just a good idea—it's essential.

The Sobering Statistics from My Practice

In my nearly three decades of representing injured cyclists, I've noticed a disturbing pattern. The second most common cause of cyclist collisions involves motorists either striking cyclists from behind or—more frequently—sideswiping them during passing attempts. These aren't freak accidents; they're predictable results of insufficient clearance.

The reality is stark: we might be skilled at maintaining our line, but cars aren't always skilled at judging distances or controlling their vehicles precisely.

The Legal Protection Factor

From a legal standpoint, the three-foot law would be a game-changer for cyclist protection. In virtually every sideswipe case I've handled, the motorist's defense is identical: "The cyclist swerved into me."

With a mandated three-foot buffer, this excuse becomes much harder to sustain. Even in the rare instance where a cyclist does swerve unexpectedly, a driver maintaining proper distance should have adequate time and space to react safely.

Real-World Riding Conditions

Here's something many motorists don't understand: we can't always ride in a perfectly straight line. Georgia's roads aren't perfect ribbons of asphalt. We encounter:

• Potholes that force sudden movements
• Broken glass requiring evasive action
• Storm debris blocking our path
• Deteriorating road edges that become unsafe

Georgia law requires cyclists to ride "as far to the right as reasonably practicable"—but that key word "reasonably" acknowledges that sometimes we need to move left for safety. The three-foot cushion provides the space we need to navigate these real-world hazards without fearing for our lives.

Addressing the Hostility Concern

As for my initial worry about increased motorist hostility—I've come to realize that drivers who are genuinely dangerous to cyclists are already operating with that mindset. An additional law isn't going to transform a reasonable person into a road rage incident waiting to happen. If anything, clear legal standards often reduce conflict by establishing predictable expectations for all road users.

The Bottom Line

Cycling safety isn't just about individual skill or awareness—it's about creating a legal framework that protects vulnerable road users. The three-foot law represents a crucial step toward making Georgia's roads safer for everyone.

Take Action Today

I encourage you to contact your state legislators and voice your support for the three-foot law. Tell them this isn't just about cycling advocacy—it's about basic road safety and protecting human lives.

Your voice matters in this process. Together, we can make Georgia's roads safer for cyclists, motorists, and everyone who shares the pavement.

Neil Kapitsky has been a racing cyclist since 1986 and has represented injured people in Georgia since 1995. For legal questions related to cycling accidents, contact his office at 404-892-0011.

‍