Donnerstag, 01.10.2026
Traffic Rules on Shared Pedestrian and Bicycle Paths
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 401
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If an accident occurs between cyclists and pedestrians on a shared pedestrian and bicycle path (Sign 240, blue sign with a bicycle and pedestrian overlapping), the cyclist is typically charged with negligent bodily injury under Section 229 of the German Criminal Code (StGB) if the pedestrian is injured. Many accidents are attributable to pedestrians failing to see the cyclist. Cyclists and pedestrians must always show consideration for one another (Hamm Higher Regional Court, Decision of June 7, 2019 – 7 U 92/18, BeckRS 2019, 52207). If there is contributory negligence in the accident, it cannot be ruled out that the pedestrian may also be investigated for negligent bodily injury under Section 229 of the German Criminal Code (StGB) if the cyclist is injured in the accident.
Higher Duty of Care for the Cyclist
According to case law, cyclists are subject to higher duties of care than pedestrians. Cyclists are required to ride on the right side of the road (Section 2(2) of the Road Traffic Regulations (StVO)). Pursuant to Section 3(1), sentence 4, of the StVO, a cyclist must be able to stop within the visible distance. Furthermore, they must exercise special consideration toward pedestrians with disabilities or those who are inattentive.
No Requirement for Pedestrians to Use the Right Side of the Path
Pedestrians may use the entire width of a shared pedestrian and bicycle path and may also stop there. Since cyclists do not have the right of way on such paths, pedestrians are not required to constantly look out for cyclists who might be approaching from behind; instead, they may rely on cyclists to alert them in a timely manner by ringing their bells, at which point they should then clear the way. In particular, there is no designated side for pedestrians on a shared pedestrian and bicycle path. There is no obligation to use the right side of the path; in fact, it is even recommended to use the left side—against the direction of traffic—since this allows oncoming traffic to be spotted even earlier. It is a widespread misconception that pedestrians must walk on the right side here.
Prospects for Dismissal of Charges
There is a good chance that such criminal proceedings against the cyclist can be dismissed, possibly on the grounds of minor fault pursuant to §§ 153, 153a StPO, especially if the cyclist was also injured in the accident.
If administrative fine proceedings are initiated against you, it is essential to seek the assistance of a Lawyer specializing in traffic law.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.