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Dooring Accidents Involving Bicyclists

Everyone knows that cyclists are more vulnerable to injuries than vehicle occupants on the road—and dooring is a great example of that. When someone opens a door directly into an oncoming bicyclist’s path, it’s likely that the cyclist will be unable to stop in time. The impact is often immediate and severe. In many cases, a driver is liable when they cause a dooring accident. But as is the case with many legal issues, there’s nuance, and it’s important to discuss your specific case with a bicycle accident attorney.

Injured in a dooring accident? We’re here to help you fight for compensation. Call Verderame Law Group Arizona Injury Lawyers to set up a consultation with our team now.

What is a dooring accident, and what makes them so dangerous?

A dooring accident occurs when someone inside a parked or stopped vehicle opens their car door into an approaching bicyclist’s path. Cyclists typically ride close to parked cars while navigating bike lanes, especially in urban areas. When this happens, and a door suddenly opens in front of a bicyclist, they are very likely to strike the door—even if they try to stop in time to avoid it.

The impact of a dooring accident on its own can be very harmful for bicyclists. The force can cause serious injuries. Additionally, the force of a crash may throw a cyclist from their bike into oncoming traffic. This increases the risk of a secondary accident and additional injuries.

Dooring accidents are particularly common in downtown areas, streets with parallel parking, and roads where bike lanes run right next to parked vehicles.

While dooring collisions may seem like unavoidable accidents, they are often the result of a driver’s or passenger’s failure to check for traffic before opening their door.

Arizona laws on opening vehicle doors safely

Arizona law is clear about the responsibility of someone opening a vehicle door. A door should not be opened unless it is reasonably safe to do so and won’t interfere with traffic. That doesn’t just mean cars; it also means bicyclists.

This duty applies both to drivers and passengers. Before opening a door, individuals are obligated to check for oncoming cars, cyclists, motorcycle riders, and pedestrians.

If someone fails to check (or doesn’t check thoroughly enough) and they cause an accident, that failure may be considered negligence if a crash occurs. Negligence refers to a failure to act with reasonable care under a given set of circumstances. In this situation, not checking for bicyclists before opening a door would not be acting with reasonable care.

Who is at fault in a dooring accident?

In many cases, the driver or passenger who opens the door in front of a bicyclist is primarily at fault for the accident. Cyclists have the right to use the roadway, and they should be given the same care and safety as other road users. Opening a door into their path creates a sudden and avoidable danger.

But fault isn’t automatic, and it’s important to look at the specific facts of your case before making assumptions. Investigators and insurance companies may presume that fault lies with the driver, but they’ll still conduct their own investigation to figure out what happened, what went wrong, and who is responsible.

Situations where fault may be shared

Although drivers are often primarily liable for collisions, there are situations where liability may be shared with bicyclists:

• The cyclist was riding outside a designated bike lane in an unsafe way

• The cyclist was traveling at unsafe speeds for the conditions

• Visibility was limited, and the bicyclist did not have proper lighting, gear, or reflectors

Arizona is a pure comparative negligence state. This means that if liability is shared, the victim can still recover compensation. Their compensation is just reduced proportionately to their share of liability. For example, if a bicyclist is found to be 10% at fault for a dooring accident because of their speed, their $10,000 award would be decreased 10% to $9,000.

Can passengers be liable for dooring?

Yes. Liability is not restricted to the driver of a vehicle. If a passenger opens their door into traffic and causes a crash, they may be liable for the damages they cause. However, in these cases, the vehicle’s insurance policy may still come into play and pay out appropriate damages.

Liability involving other types of vehicles and drivers

When an accident involves someone other than a personal driver in their own vehicle, liability can get a little bit murkier. If a rideshare driver or passenger opens their door into traffic, the amount of compensation available may depend on a driver’s status at the time of the collision. If they were not on their rideshare app at all, their personal insurance may apply. If they were waiting for a ride, a lower level of coverage may apply. If they had accepted a ride or were completing a trip, higher coverage may apply, with the highest statutory minimum applying when a passenger is occupying the vehicle.

These cases can also be more complicated if a driver causes a dooring accident while at work—consider, for example, a home nurse who causes a dooring accident while going to a patient’s home. Because the crash occurred while they were working and performing work-related duties, liability may actually rest with their employer.

These situations highlight the importance of discussing your case with a bicycle accident lawyer as soon as possible after a crash. You may have high costs as a result of the collision, and you deserve to explore all of your legal options.

Discuss your accident with Verderame Law Group Arizona Injury Lawyers now

At Verderame Law Group Arizona Injury Lawyers, we know how a bicycle accident can leave you unable to work, with significant medical needs, and uncertain of the future. Let’s talk about your options. Call us or reach out online now.