Many people seek to avoid the horrors of car traffic by riding their bikes to work and to do errands. However, biking in a busy city can be extremely dangerous. One of the most surprising dangers has a name, “dooring.” Dooring refers to what happens when a person parked on the side of the road suddenly opens his or her door before checking to see if a bike might be in the way.
According to some studies, about 10% of all bike-car accidents related to motorists opening their car doors without checking for cyclists first. According to New York law, the motorist is responsible for any injury that might occur to the biker who is doored.
The law states no individual should open the door of a vehicle on the side available to moving traffic until it is reasonably safe to do so, without interfering with the movement of other traffic. Interference means a person can’t leave the door open in the path of bikes for a long period or open it suddenly into traffic without checking to see if they might strike someone.
In some cases, if there was no motor vehicle traffic at the time of the accident, the person who opened the car door could argue the cyclist had an opportunity to avoid the door. The motorist could then contend that
the cyclist was partly responsible for the accident. If the collision or avoiding the collision led to the cyclist’s serious injury, an insurance company might decide to favor the motorist with this type of argument.
The best way to receive compensation for medical bills, lost wages, pain and suffering, and property damage, is to consult with a skilled Otsego County bicycle accident attorney about your case as soon as possible. Scarzafava, Basdekis & Dadey, PLLC are dedicated to helping the victims of negligence and carelessness get their lives back in order. Let us see what we can do for you.
Contact us at (607) 228-8404 or fill out our online form to schedule a free case consultation
with us today.