Cyclists in California are often required to share narrow and busy streets with parked vehicles, especially in populated areas like San Francisco. One serious but often overlooked danger is “dooring.” These types of accidents can result in severe injuries and raise important legal questions about fault, compensation, and cyclists’ rights. To better understand what a bicycle dooring accident means and your legal rights and options, continue reading and discuss your situation with a knowledgeable San Mateo County, California bicycle accident lawyer today.
What is a Bicycle “Dooring” Accident?
A bicycle dooring accident occurs when a cyclist collides with a car door that suddenly swings open in their path. When a driver or passenger opens their car door into the path of an oncoming cyclist, the cyclist may hit the door or swerve to avoid it, resulting in an accident or injury. These crashes often happen in bike lanes or when cyclists ride near parked vehicles in busy downtown areas, bike-friendly neighborhoods, and streets with cars parked along bike lanes or the curb.
Dooring is especially dangerous because the cyclist has little time to react. Even at low speeds, these incidents can result in serious harm if the cyclist is thrown over the handlebars, swerves into moving traffic, is crushed between the bike and the door, etc. Common injuries can include broken bones, concussions, spinal injuries, facial trauma, torn ligaments, and internal injuries.
Who is At Fault in a Dooring Accident in CA?
California Vehicle Code § 22517 states that “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such 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.”
This law makes it the driver’s or passenger’s responsibility to safely open a car door. If they fail to check for cyclists, they could be found negligent for violating a traffic safety statute. Because they violated a law designed to protect a class of people, they could be found liable for the cyclists’ injuries and damages under negligence per se.
What is Negligence Per Se?
Negligence per se is a legal doctrine where a person can be automatically considered negligent because their actions violated a specific statute or regulation. If the cyclist can show that the defendant broke a law (in this case, CA Vehicle Code § 22517) and that they were a part of the group the law was designed to protect, the defendant can be held liable for the resulting damages.
Understanding your legal rights and options as a cyclist is crucial after a dooring accident. For more information and to secure the help of a skilled legal professional, reach out to an attorney today.