Is the Driver Liable if I Got Doored While Riding My Bicycle?
Cycling through New York City can be efficient, economical, and sometimes even enjoyable, until an unexpected hazard turns a routine ride into a trip to the emergency room. One such danger that many cyclists encounter is “dooring,” a collision that occurs when a driver or passenger opens a car door directly into the path of an oncoming bicycle. These accidents can cause serious injuries and raise an important legal question: Is the driver liable if I got doored while riding my bicycle? Read on for a discussion of this common and serious topic, and contact Leandros A. Vrionedes, P.C., to speak with a New York bicycle accident attorney if you’ve been injured while cycling in Manhattan, Brooklyn, Queens or the Bronx.
What Is Dooring?
Dooring refers to an incident in which a cyclist collides with an open car door. This typically happens when the person inside the vehicle opens the door without checking for approaching bicycles or other traffic. In a densely populated and bike-friendly city like New York, this scenario is unfortunately common.
Cyclists often ride close to parked cars, especially on narrow streets or when bike lanes are not protected. This puts them at risk when a driver or passenger fails to look before swinging open a door. A dooring accident can cause a cyclist to flip over the door, crash into traffic, or be thrown to the pavement, potentially resulting in serious harm.
Is the Driver Liable?
Yes, in many cases, the driver (or sometimes the passenger) is legally liable for a dooring accident. New York law places a duty on vehicle occupants to make sure it is safe before opening a door into traffic. Specifically, New York Vehicle and Traffic Law Section 1214 states:
“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, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”
Violating this law can be strong proof of negligence in a civil claim. If a driver or passenger opens a door into the path of a cyclist, they may be held responsible for resulting injuries and other legal damages. However, liability is not automatic; it must be proven based on the facts of the case.
How Is Fault Determined?
To hold a driver or passenger legally responsible for a dooring accident, the injured cyclist must typically prove that the person:
- Opened the car door into the cyclist’s path without first checking for oncoming traffic.
- Failed to act reasonably or safely under the circumstances.
- Caused the cyclist to be injured as a result.
Police reports, witness statements, video footage (such as from a dashcam, security camera, or helmet camera), and physical evidence from the scene can all help establish fault.
In some situations, fault may be shared. For example, if a cyclist was riding recklessly or outside of the designated bike lane, the defense may argue that the cyclist was partly to blame. Under New York’s comparative negligence rule, an injured person can still recover damages even if they were partially at fault, although their compensation may be reduced in proportion to their share of the blame. An experienced bicycle accident attorney will know how to counter unfair allegations of a cyclist’s negligence to hold the driver fully accountable when the accident was entirely their fault.
What Injuries Can Result from a Dooring Accident?
Dooring accidents often result in serious injuries. Cyclists may suffer:
- Head injuries and concussions (even when wearing a helmet)
- Broken bones or fractures
- Lacerations and road rash
- Neck and back injuries
- Shoulder injuries or dislocated joints
- Traumatic brain injury (TBI)
Because these incidents happen suddenly, the cyclist has little or no time to react or slow down. Even at moderate speeds, the impact can be significant.
What Should You Do If You’ve Been Doored?
If you’re injured in a dooring accident, take the following steps to protect your health and legal rights:
- Call 911 – Report the accident and request medical attention if needed.
- Get the driver’s information – Collect the name, address, license plate number, and insurance details of the driver or vehicle occupant involved.
- Document the scene – Take photos of the location, car, bike, and any visible injuries.
- Speak with witnesses – Ask for names and contact information of anyone who saw the accident.
- Seek medical treatment – Some injuries may not appear immediately but can worsen over time if not addressed.
- Talk to an attorney – An experienced personal injury lawyer can help assess your claim and guide you through the process.
What Compensation Might Be Available?
Depending on the facts of the case, an injured cyclist may be entitled to compensation for a range of damages, including:
- Medical expenses
- Lost wages or loss of earning capacity
- Pain and suffering
- Emotional distress
- Property damage (such as damage to your bicycle)
New York’s no-fault insurance laws may also apply. If you or a member of your household has an auto policy, you can be covered for an accident while riding your bike. Alternatively, if the car that caused the dooring accident was insured in New York, you may be able to make a no-fault claim under that policy, even though you were not in a vehicle. No-fault insurance can cover certain medical expenses and lost earnings, regardless of who was at fault.
However, serious injuries may also give rise to a personal injury lawsuit, which can provide more comprehensive compensation than no-fault insurance alone. We can determine whether you suffered a serious injury under the law so that you can recover outside the strict limits of what no-fault Personal Injury Protection insurance provides.
Talk to a Lawyer About Your NYC Dooring Injury
If you’ve been injured in a dooring accident while riding your bicycle in New York City, don’t assume the insurance company will automatically offer you a fair settlement. These cases can be more complicated than they appear, and insurers often try to shift blame onto cyclists.
An experienced bicycle accident lawyer can evaluate your case, gather evidence, and fight for the compensation you deserve. In New York City, contact Leandros A. Vrionedes, P.C., as soon as possible after your accident to protect your rights and preserve your claim.
