“Dooring” Presents Severe Perils for Bicyclists

A sudden and violent hazard known as “dooring” lurks for unsuspecting cyclists on the urban and suburban streets of New York, including Long Island. It occurs when a person in a parked car abruptly opens a door into the path of an oncoming bicyclist. The rider, with little to no time to react, may either collide directly with the door and be thrown to the pavement or swerve into the flow of traffic. This all-too-common scenario has prompted legal and safety discussions to protect vulnerable riders.

New York State law addresses this issue through Vehicle and Traffic Law § 1214, which states that 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. The law places a legal duty on vehicle occupants to check for oncoming traffic before opening their doors.

However, a violation of the statute is only a traffic infraction, punishable by a fine. While this violation can be used as evidence in a civil lawsuit, it does not automatically establish liability for the cyclist’s injuries. To hold someone financially responsible for injuries from a dooring accident, the injured cyclist must prove negligence. A personal injury attorney can do this by demonstrating four key elements:

1. Duty — The plaintiff must show that the defendant (the person who opened the door) owed them a duty of care. VTL § 1214 helps establish that motorists and their passengers have a legal duty to look before opening a car door into a lane of traffic.
2. Breach — The cyclist must prove that the defendant breached that duty by failing to act as a reasonably prudent person would under similar circumstances. Opening a door without looking for an approaching cyclist is a clear breach of that duty. The traffic ticket for violating VTL § 1214 can serve as strong evidence of this breach.
3. Causation — The cyclist must prove that the defendant’s action (opening the door) was the direct cause of the accident and the resulting injuries.
4. Damages — The cyclist must demonstrate that they suffered actual damages, such as medical expenses, lost wages and pain and suffering.

Even when the person opening the door is clearly negligent, the injured cyclist’s actions can be scrutinized under New York’s comparative negligence doctrine. This allows for a plaintiff’s financial recovery to be reduced by their own percentage of fault. For instance, if a cyclist was riding erratically or not using appropriate caution, a court might find them partially responsible for the accident.

A common question is whether failing to wear a helmet can be considered comparative negligence. While not wearing a helmet doesn’t make the cyclist at fault for the accident itself, the defense may argue that it contributed to the severity of a head or neck injury. This could potentially lead to a reduction in compensation awarded for that specific injury, even if the cyclist was otherwise blameless.

If you or a loved one suffered injury as a bicyclist because of the negligent acts of other parties, the personal injury attorneys at Jakubowski, Robertson, Maffei, Goldsmith & Tartaglia, LLP can work to obtain compensation in your behalf. Based in St. James, NY, we represent accident victims across Long Island. To schedule a free consultation, call 631-360-0400 or contact us online.