We’ve already talk about dooring, a bad practice that puts life of cyclists at risk; now you have some context, it’s time to talk about the legal situation of cyclists when hit an open car door.
Should motorist pay the damages to cyclist? or should cyclist pay motorist the damages caused to their vehicle? The answer will surprise you…
Today more than ever, dear cyclist friend, take and adjust your helmet to join us in this journey. Don’t forget to be cautious when driving near a car. Let’s go…
‘Dooring’ the Main Issue
It won’t take long in this first stop, in the last stop we already learnt about dooring. Because of this, we will remember that this occurs when a motorist or passenger suddenly opens a door and cause a cyclist, motorcyclist or skater hit against a car door.
When this happens, the most logical would-be motorist or insurance company pay to cyclist medical expenses in case of injuries, right? However, the truth is that cyclist also must pay to motorist the damages of the vehicle, but only in some specific occasions. Everything depends on who had the responsibility of the accident, thus, is important to consider various aspects, as the following:
Who is at fault when an open car door is hit?
First of all, we must be aware that our role as cyclists involve responsibilities and obligations. If we don’t comply them, we are exposed to suffer accidents, as crash or hit with an open door. In other words, sometimes will be our fault and some others it will be the motorist’ fault.
In order to determine who is at fault in this accident type, is important to consider two possible situations:
When car door was already open
Even though is an uncommon scenario, if the car that we crash with is parked, and motorist or driver left their door open before we hit, is our fault.
Meaning, if a cyclist impact against a car with already open doors, cyclist is the responsible one, and hence, should pay all the damages caused to vehicle due impact. This under the supposition that cyclist took their precautions on time and was attentive to the road.
When door was closed and suddenly opens
If you’re riding in your lane, pass next to a car and the door is open in that instant, causing you a crash or fall, in this case motorist will be the responsible and should pay all the possible damages.
It is also possible to brake on time and avoid that crash, but inertia can make you fall of your bike. Or maybe you avoid the door, but the action led you to fall or suffer other accident. The point in all those cases is the motorist fault and they or the insurance company must provide you compensation.
In short, motorist or passenger will be the responsible when suddenly opening a car door, without making sure if a cyclist was going to pass next to the car.
Now, exist some exceptions. Do you remember when we mentioned that is important to follow the traffic rules? Well, if you don’t and hit against an open door while riding your bike in opposite direction, the responsibility will be yours. It doesn’t matter if the car door was suddenly open or not.
This is under the assumption that vehicle shouldn’t drive in opposite direction or park inside a bike way, as cyclist shouldn’t ride in opposite direction neither.
In summary, to determine who was at fault depends if the car door was opened a long time before, short time before or during the passage of cyclist. Of course, cyclist must follow traffic rules.
Laws
Nowadays, we have some standards that protect cyclists before these situations. As the Dooring Law in Georgia, “No person should open a motor vehicle door, before making sure that it is safe and doesn’t interfere with oncoming traffic”.
In Virginia, there’s another law…”No motorists should open the door of a parked vehicle in the adjacent side to oncoming traffic unless is reasonably safe to do so”.
Also, the 114 point of General Traffic Rules of Spain mentions that “Is forbidden to open car doors while driving or before a complete stop of vehicle, as getting out of the car without making sure is reasonably safe to do so”.
You already crashed or someone crashed you, what you should do?
Is ideal both, cyclist and motorist have a vehicle insurance. In any case, is better an authority to mediate between both parts instead the parts interact directly. These can be from traffic officers to insurance companies.
Meanwhile, driver and cyclist can perform the following actions:
- Call to police immediately to create a police statement or accident report.
- If there’s a witness, ask for their data.
- Also ask the data of the other part as name, address and phone number.
- If required, call the emergency number to be attended.
- Contact as soon as possible to your insurance company or lawyer.
- Take photos of the accident, as the conditions of the bike, car and any injury.
