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Whether you can sue someone for a dooring accident depends on your ability to prove they were negligent when they opened the vehicle’s door. If the person who injured you is denying their liability, the experienced Syracuse bicycle injury lawyers at Catalano Law can help you establish your personal injury case and get the money you deserve.
What Is Dooring?
Dooring occurs when a person getting out of a vehicle opens a car door into the traffic lane without ensuring no cyclists are passing. Dooring occurs most frequently two to four feet away from stopped cars.
For cyclists, dooring can cause them to collide with the vehicle; swerve to avoid and collide with another person, object or vehicle; or fall off their bicycle. And dooring is no laughing matter; it can result in serious injuries.
Drivers are Liable for Injuries from Dooring Accidents
Section 1214 of the Vehicle and Traffic Law states that it is illegal to open a vehicle door on the side of moving traffic until the road is clear. It is also illegal to keep the door open longer than necessary.
This makes drivers and passengers responsible for doing all they can to avoid dooring and putting cyclists in danger. When they don’t, they can be sued in a personal injury claim by the injured cyclist.
New York Bike Laws
In New York State, cyclists must ride in designated bike lanes or on the right of traffic. But making cyclists ride on the rightmost side of the road situates cyclists directly beside many parked vehicles. This places them at increased risk of being doored.
What is the Dutch Reach?
The Dutch Reach is the practice of vehicle occupants opening their door with their far hand. It has been a part of Holland’s driver training program for over 50 years. Recently, many U.S. states have adopted the technique in their driver safety manuals, including Massachusetts, Washington, and Illinois.
The advantage of this movement is that it makes the occupant turn their head and look at what is happening behind them. The Dutch Reach also allows you to open the vehicle door by a small amount, providing an unobstructed view of what is behind you and minimizing the possibility of a dooring injury.
There has been a lot of debate about whether this maneuver works. However, numerous reliable studies have shown that by using the Dutch Reach, vehicle occupants’ reactions to events going on behind them were faster.
Dooring Injuries
The most common injuries sustained from dooring incidents include cuts, contusions, strains, sprains, fractures, and shoulder injuries. However, it can also result in catastrophic injuries, from traumatic brain injuries to spinal cord injuries, organ damage, and nerve damage. These can lead to substantial medical bills and time needed off work. Sadly, some incidents have resulted in the bicyclist’s death.
Dooring also frequently involves damage to the bicycle. Wheels, forks, and pedals are often badly damaged, and the cost of spares and repairs can be substantial. If the frame is buckled, the bicycle likely is a total loss.
An experienced bicycle accident attorney at our law firm can help get you compensation for your medical bills, lost wages, permanent disfigurement, permanent disability, pain and suffering, and property damage.
What to Do After a Dooring Accident
If you were unfortunate enough to be injured in a dooring accident, you should:
- Call 911 immediately to bring police to file a report and paramedics to treat your injuries.
- Take photos of damage to and placement of your bike, the car, and the car doors, as well as of your injuries.
- Get the contact and insurance information of the driver, as well as of the person who doored you if they are different people.
- Write down the vehicle’s license plate number.
- If there are any witnesses, get their contact information and, if possible, take a short statement of what they saw.
It will be more difficult to get this information after you’ve left the scene.
Contact Catalano Law for a Free Consultation to Discuss Your Claim
If you have been a victim of a dooring accident, you need the help of Catalano Law’s bicycle injury lawyers in Syracuse to help you understand whether you have a case and what compensation you might expect.
Our skilled team of seasoned personal injury lawyers can guide you through the legal formalities, investigate and build your case, and help you get a fair settlement.
Contact Catalano Law today for a no-obligation, free case assessment.
Originally published November 1, 2024.
