There are many types of cycling incidents that may occur on public roads. Cyclists might hit a slick section of pavement and lose control. They might experience a single-vehicle incident where they slide across the pavement and end up seriously hurt.
Other times, cyclists get hurt because a driver hits them in traffic. Inadequate surveillance at intersections is a top cause of these types of crashes. Cyclists may also be at risk of dooring incidents. A dooring occurs when a vehicle occupant opens a car door into traffic.
Typically, it is the driver or a passenger on the driver’s side in the rear of the vehicle who causes a dooring incident. A cyclist rapidly approaching a stopped vehicle may not be able to avoid colliding with a door that opens into traffic. Who can a cyclist hold accountable for their injuries and economic losses after a dooring occurs?
The law addresses this exact scenario
Traffic statutes specifically impose an obligation to monitor surroundings before opening a car door into traffic. Drivers and their passengers should check for not just approaching motor vehicles but also bicycles.
The failure to actively check for cyclists might lead to a vehicle occupant unsafely opening the door of a vehicle and causing a preventable collision. Typically, liability falls to the person who opened the door. In many cases, the liability insurance policy of the driver may cover at least some of the costs incurred by the cyclist. If the person who caused the dooring was working at the time of the crash, then their employer might even be partially liable.
However, the situation may become more complicated if a passenger was the person who opened the door. The age of the passenger, their relationship to the driver and whether or not they carry motor vehicle liability insurance can all influence compensation options if a dooring incident is the result of a passenger’s actions.
Insurance may not be adequate
Regardless of who is at fault for a dooring collision that injures a cyclist, the total costs may exceed what insurance can cover. It may be necessary to look into personal injury litigation to recoup medical expenses and lost wages following a dooring incident.
Cyclists often need help when communicating with insurance providers and looking into liability after car-bicycle collisions. Reviewing the details of a incident can help a cyclist determine who might be liable for their losses after a preventable crash.