New York City is one of the most lively places in the country, and a large population uses bicycles to travel around the city. Thousands of people commute daily along busy streets, bike lanes, and shared roadways. While NYC has invested in cycling infrastructure, dooring accidents still occur frequently. Understanding what dooring accidents are and who is responsible for the resulting damages can help protect your rights and allow you to pursue justice and compensation after your crash. Continue reading and work with a skilled bicycle accident lawyer for more information today.
What is a “Dooring” Accident?
A bicycle dooring accident occurs when a motorist or passenger opens a car door into the path of an oncoming cyclist, causing the cyclist to either collide with the door or swerve to avoid it. Swerving can often be an even bigger hazard, especially if the cyclist is forced into oncoming traffic or hits another object or vehicle. Essentially, when someone opens their car door without checking for cyclists and a rider crashes into it or is forced to avoid it, it is known as dooring.
These crashes happen most often in busy downtown areas, especially when cars park along bike lanes or on streets with increased interaction between cyclists and vehicles. Cyclists often ride close to parked vehicles to avoid traffic, and bike lanes are generally placed directly next to metered parking spots for cars. This leaves little reaction time for a cyclist to safely stop when a door opens unexpectedly. Instead, the cyclist could flip over the handlebars, collide with the door or an individual exiting the vehicle, swerve into traffic and cause a secondary collision, and sustain serious injuries.
Who is Responsible for “Dooring” Accidents in NY?
Under NY Vehicle & Traffic Law § 1214, “No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic…”
Essentially, it is illegal to open a vehicle door unless it is safe and will not impede traffic. This includes cyclists. Violating this law generally makes the vehicle occupant at fault for a dooring crash. It is the driver’s or passenger’s responsibility to ensure that it is safe to open the door before doing so. If they fail to do so, they can be held liable for the resulting damages.
Can a Cyclist Be Partially At Fault?
Yes, New York follows a pure comparative negligence system, meaning that each party involved can be assigned a portion of fault after an accident. A cyclist may share responsibility if they were riding too close to parked cars, weaved unpredictably between parked vehicles, were riding against traffic, were distracted by their phone, etc.
However, even if the cyclist is partially at fault, they can still recover damages. However, the compensation they are entitled to is reduced by their percentage of fault. For more information and to obtain the help of a skilled lawyer, reach out to Mitchell J. Schroeder, P.C. today.
