Monday, November 3, 2008

Common Bicycle/Motorist Crashes - Doorings

In my experience about 30% of crashes in Chicago are doorings. Doorings are discouraging because they are completely avoidable. It never ceases to amaze me how people will just fling open the doors of their cars without any consideration for approaching traffic. Doorings violate both Illinois and Chicago law. Typically driver side dooring cases are hard to defend unless the dooring happened at night and the cyclist didn't have a headlight. In such an instance the motorist will say that they checked their mirror before opening the door and they didn't see the cyclist because of the lack of proper lighting equipment. The lack of headlight is a very effective defense in dooring cases.

Dooring cases also vary in how they occur. Sometimes cyclists are caused to crash while attempting to avoid a door opened in their path. Remember, it is not necessary for there to be actual physical contact for you to ave a claim against a driver who opened a door in your path. If you are caused to wreck in such a fashion you should treat the accident like any other, exchange insurance and contact information and call the police.

Cyclists can employ certain strategies to reduce their exposure to dooring crashes:
  • Get a headlight. If you're riding at night, you should absolutely use a front headlight. It's required by law in Illinois and Chicago. Get a good headlight too- stay away from the Knog Frog as your only headlight. If you get hit by someone you want them to look foolish when they try to argue that they couldn't see you.
  • Avoid riding in the door zone. Give yourself enough room to avoid a door if it is opened in your path.
  • Keep your eyes open. Be conscious of traffic around you and give yourself room to react in the even that a door is opened in your path.
  • Look in rear view mirrors of parked cars as you approach. If you see someone be wary- they may open the door.
  • Use your hands. I will put out my hand to catch doors if I am forced to pass a parked car or taxi within the door zone. I have caught unanticipated doors in the past in this fashion, and successfully avoided being doored.
Injuries and claims from doorings vary widely. Doorings can be deadly under some circumstances, while other people come through unscathed. If you are injured by a dooring it is imperative that you retain an attorney experienced in handling such matters. In many catastrophic doorings there may be more than one party responsible for the accident, and there may be special statute of limitation issues to be anticipated. Only an attorney experienced in handling such matters will know how to properly proceed against all parties at fault. As always, it is best to speak to an attorney before speaking to the motorist's insurance company.

3 comments:

Spavis said...

what do you mean by "use your hands"? Do you catch the door as it is being flung open and close it, or do you use your hands more as a guide to make it around the door? I've never been doored but I've had a a few very close calls saved by quick steering.

I'd think trying to catch a door with my hand would also throw me off balance and have me crash anyhow.

Matthew K. said...

Just curious - why is the Knog Frog not a good headlight? That's the one I currently have on my bike after my other one was stolen. It's just as bright as most headlights I see - do you recommend just getting a larger light?

Lawyer Jim said...

The Frog has only one LED, and it is diffuse, rather than being focused. The Frog is not as bright as other headlights such as the Planet Bike Beamer3 (3 focused LEDs) or the super bright Planet Bike Blaze (1 watt LED). The Knog Bullfrog (five LEDs) is also a better choice than the Frog.

One diffuse LED may or may not be enough to comply with the letter of the law, but the real concern is to be seen. I am unimpressed with lights that use a single diffuse low power LED.

Like I say, you want to be so well lit that a person looks foolish when they try to tell a jury that they didn't see you.