bicycle in busy streets, particularly alongside parking or parked cars, you may
experience a scenario where a motorist suddenly opens their car door,
causing you to slam into it. According to studies, about 10% of all bicycle-car
accidents contributed to motorists opening their doors in the path of cyclists.
One of the most important questions of those involved in these type of
collisions is, “Whose fault is it?”
New York Traffic & Bicycle Laws
According to New York law in regards to opening and closing vehicle doors,
no individual shall open the door of a motor vehicle on the side available
to moving traffic until it is reasonably safe to do so, without interfering
with movement of other traffic. A person cannot leave a door open on the
side of a vehicle available to moving traffic for a period of time longer
than required to load or unload passengers.
Furthermore, no person shall exit any vehicle from the side facing on the
traveled section of the street in such a manner as to interfere with the
right of the driver of an approaching vehicle or a rider of a bicycle.
the door opener is often liable if a cyclist gets doored.
However, if there was no motor vehicle traffic at the time of the accident,
the individual who opened the car door could argue that the cyclist had
an opportunity to avoid the door. Then, the motorist could contend that
the cyclist was partly responsible for the collision.
Suffered a serious injury in a bicycle accident caused by a motorist opening
his or her car door?
Contact our Kingston personal injury lawyer at
Mainetti, Mainetti & O’Connor for more information.