Cycling has become a very popular mode of transportation in Massachusetts, particularly in urban areas like Boston and Cambridge. While this has benefits for health and the environment, it also brings unique hazards, one of the most common being dooring accidents. A dooring accident occurs when a parked passenger or driver opens a car door into the path of an oncoming cyclist, causing a collision. These incidents can often lead to severe injuries for cyclists and raise complex legal issues.

This article explores dooring accidents in Massachusetts, outlines the legal options available to victims, and provides tips on how to prevent such accidents. If you or a loved one has been involved in a dooring incident, understanding your rights and options is the first step toward securing compensation and justice.

What Is a Dooring Accident?

Dooring happens when the occupant of a parked vehicle opens their door without checking for approaching cyclists. Massachusetts General Law, Chapter 90, Section 14, specifically mandates that drivers and passengers must check for oncoming traffic—including cyclists—before opening their doors.

The common causes of dooring accidents include:

• Lack of awareness or failure to check for cyclists
• Distractions, such as using a phone while exiting a vehicle
• Lack of dedicated bike lanes in urban areas
• Poor visibility, especially in bad weather or at night

Injuries Sustained in Dooring Accidents

Dooring accidents can result in a variety of injuries for cyclists, ranging from minor to life-threatening. Common injuries include:

• Head trauma: Even with helmets, cyclists may suffer from concussions or more serious traumatic brain injuries.
• Broken bones: Collisions with a car door can lead to fractures, particularly in the arms, shoulders, or collarbone.
• Lacerations: Sharp edges of car doors can cause cuts or scrapes.
• Soft tissue damage: Torn ligaments, muscle strains, and bruising are common in dooring accidents.

According to the Boston Cyclists Union, dooring incidents accounted for about 12% of reported bike crashes in Boston as of 2022. This statistic highlights the ongoing risk cyclists face in Massachusetts cities.

Legal Liability in Massachusetts

Massachusetts law places the responsibility for dooring accidents primarily on the individual who opens the car door. Chapter 90, Section 14 of the Massachusetts General Law explicitly states that no person should open a car door unless it is safe to do so without interfering with oncoming traffic, including cyclists. This means the occupant of the vehicle is usually held liable if a dooring accident occurs.

However, determining liability can sometimes be complicated. If the cyclist was riding too close to the car or was moving at an excessive speed, there may be arguments that the cyclist shares some degree of fault. Massachusetts operates under a modified comparative negligence rule, meaning that if the cyclist is found to be partially at fault, their compensation may be reduced by their percentage of fault. If the cyclist is found to be more than 50% at fault, they might be barred from recovering damages altogether.

Legal Options for Dooring Accident Victims

If you've been injured in a dooring accident, you have a few legal options to seek compensation. These include:

1. Filing an insurance claim: In Massachusetts, drivers are required to carry Personal Injury Protection (PIP) insurance, which covers some of your medical expenses and lost income, no matter who is at fault.
2. Filing a personal injury lawsuit: When injuries are severe and PIP coverage is insufficient, you may file a lawsuit against the person who opened the door. In such cases, you could claim compensation for:
   • Medical expenses (both current and future)
   • Lost wages and loss of earning capacity
   • Pain and suffering
   • Property damage (e.g., damage to your bicycle)
3. Negligence claims: A dooring accident typically falls under the legal theory of negligence. You would need to demonstrate that the car occupant owed you a duty of care, breached that duty by opening the door without checking for oncoming traffic, and that the breach caused your injuries.

How to Strengthen Your Case

• Collect evidence: Immediately after the accident, take photographs of the scene, the vehicle, and your injuries.
• Obtain witness statements: If any bystanders witnessed the accident, their testimony could be valuable.
• Get medical treatment: Even if your injuries seem not too serious, it's important to seek medical attention right away. This ensures you have documentation of your injuries, which will be crucial if you pursue legal action.
• Consult an attorney: A personal injury attorney experienced in Massachusetts dooring accidents will walk you through the legal process and help you maximize your compensation.

Preventing Dooring Accidents

While legal recourse is essential, preventing dooring accidents in the first place is even better. Both cyclists and drivers can take steps to lower the risk:

• For drivers and passengers:
  • Always check your side mirrors and over your shoulder before opening a door.
  • Use the “Dutch Reach,” a method where you open the door with your far hand, naturally causing you to turn and check for cyclists.
  • Park in designated parking spots away from bike lanes when possible.
• For cyclists:
  • Ride at least three feet away from parked cars.
  • Stay alert and watch for signs that a door might be opening, such as brake lights turning off.
  • Use a headlight and wear reflective gear to increase visibility.

Conclusion

Dooring accidents remain a significant risk for cyclists in Massachusetts, but knowing your legal rights and options can make all the difference in the aftermath of an accident. In most dooring incidents, Massachusetts law assigns responsibility to the vehicle occupants, allowing cyclists to receive compensation for their injuries.

Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help

If the unfortunate happens and you’ve been injured in a dooring or bicycle accident, don’t go at it alone. An experienced lawyer can advocate for your best interest and pursue fair compensation for your damages. At Brandon J. Broderick, Attorney at Law, you can count on us to work tirelessly for your quality of life. Our long track record of success has helped people like you move forward after sustaining an injury caused by another’s negligence.

Contact us now for a free legal review.