Shaaban & Biedgoly

Motorcycle and bicycle accidents involving car doors, often referred to as “dooring” accidents, are a significant safety concern in California. These incidents occur when a driver or passenger opens a car door into the path of an oncoming cyclist or motorcyclist, leading to potentially severe injuries. Understanding the dynamics of these accidents, the legal implications, and ways to prevent them can help protect vulnerable road users.

The Mechanics of Dooring Accidents

Dooring accidents typically happen in urban areas where vehicles are parked along the roadside. When a car occupant opens their door without checking for approaching cyclists or motorcyclists, it can suddenly obstruct the path, leaving little to no time for the rider to react. The consequences can be severe, ranging from collisions with the door to swerving into traffic to avoid the door, both scenarios posing significant risks.

Legal Implications in California

California law is clear about the responsibilities of motorists to prevent dooring accidents. According to the California Vehicle Code Section 22517:

“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 places the onus on drivers and passengers to ensure it is safe before opening a car door. If the driver or passenger negligently opens a car door before ensuring it is safe to do so, and a accident results, they may be liable for any damages resulting from the accident.

There may also be times where a car door was thrown open on purpose and with a malicious intent to hit a passing cyclist. Not only would such conduct result in civil damages, but the driver/passenger could also face criminal charges. When it comes to pursuing a personal injury claim under these circumstances, it is important to consider the fact that many insurance policies exclude coverage for an insured’s intentional actions. Therefore, if the door was opened maliciously to collide with the passing cyclist, there is the possibility that the insurance carrier for the vehicle could attempt to deny coverage under the intentional acts exclusion. An experienced attorney can help combat and overcome these arguments.

Tips for Drivers and Passengers:

Check Before Opening: Always check mirrors and over your shoulder for approaching cyclists and motorcyclists before opening a car door.
Use the “Dutch Reach”: Adopt the habit of using your far hand to open the door. This practice naturally prompts you to look back for oncoming traffic.
Park Safely: Avoid parking in bike lanes and ensure you leave enough space for cyclists and motorcyclists to pass safely.

Tips for Cyclists and Motorcyclists:

Stay Alert: Always be vigilant when riding near parked cars, anticipating that a door might open unexpectedly.
Maintain Safe Distance: Ride at a safe distance from parked cars to give yourself more time to react if a door opens.
Use Protective Gear: Helmets, gloves, and padded clothing can provide some protection in case of an accident.
Signal and Communicate: Use hand signals and make eye contact with drivers when possible to ensure they are aware of your presence.

What to Do If You’re Involved in a Dooring Accident

If you are involved in a dooring accident, take the following steps to protect your rights and health:

Seek Medical Attention: Even if injuries seem minor, get checked by a medical professional.
Report the Accident: Contact the police and file an accident report.
Collect Evidence: Take photos of the scene, gather witness statements, and note the details of the driver and vehicle involved.
Consult an Attorney: Speak with a personal injury attorney who specializes in bicycle and motorcycle accidents to understand your legal options.

Dooring accidents are a preventable but significant hazard for cyclists and motorcyclists in California. By understanding the legal responsibilities, adopting safe practices, and knowing how to respond if an accident occurs, both motorists and riders can contribute to safer roads. Awareness and proactive measures are key to reducing these dangerous incidents and protecting vulnerable road users. Stay vigilant, stay safe, and always look before you open a door.