For countless New Yorkers and visitors alike, bicycling through the streets of NYC is a preferred mode of transportation. The sprawling cityscape offers a unique blend of urban aesthetics and convenience, with bike lanes connecting commuters to their destinations. However, amidst the whirl of traffic and pedestrians, most cyclists dread a lurking danger - dooring accidents.
Dooring incidents happen when a driver opens a car door in front of a bicyclist who is approaching, leading to potentially severe injuries. These accidents can be sudden and devastating, giving cyclists little time to react. For those who've fallen victim to such an incident in the Big Apple, it's essential to understand your legal options.
Why are Dooring Accidents So Dangerous?
Dooring accidents are particularly hazardous for cyclists. When a door suddenly opens into a biker's path, there's typically not enough time or space to evade the obstacle. The result can be a direct collision with the door or an attempt to swerve, often leading the cyclist into traffic. Such occurrences might result in injuries that vary from minor bruises to serious traumas, including fractures, head injuries, or worse.
NYC's Stance on Dooring Accidents
New York City recognizes the potential severity of dooring accidents. Section 1214 of the New York State Vehicle and Traffic Law, “an individual is not permitted to open a motor vehicle's door on the side that is accessible to traffic until it is reasonably safe to do so." In essence, the responsibility is placed on the vehicle occupant to ensure they do not endanger cyclists. Should they violate this obligation, they may be accountable for the accident.
Your Legal Rights as a Victim
If you've been involved in a dooring accident in NYC, understanding your legal rights is crucial.
- Right to Compensation: If the driver or passenger's negligence causes the accident, you have the right to seek compensation. This can cover medical bills, lost wages, and pain and suffering.
- Right to Legal Representation: Many cyclists need to be made aware that they can and should consult with a personal injury attorney after such incidents. An experienced lawyer can help you navigate the legal system. legal system, ensuring your rights are protected.
Steps to Take After a Dooring Accident
- Medical Attention: Prioritize your health. Even if you feel okay immediately after the incident, some injuries might not manifest symptoms immediately. It's wise to get a medical examination.
- Document Everything: Take photographs of the scene, your injuries, and the vehicle involved. If there are witnesses, gather their contact details. Their testimonies might be invaluable later.
- File a Police Report: Ensure that a police report is filed. This will be the incident's official record.
- Consult an Attorney: Before speaking to insurance companies or accepting any settlements, consult a personal injury lawyer. They can guide the best course of action and increase the compensation you receive.
Preventing Dooring Accidents
While understanding legal recourse is essential, prevention is always better. Here are a few tips for cyclists and drivers alike:
For Cyclists:
- Keep a safe distance from any parked vehicles.
- Be aware of vehicles with occupants and anticipate the possibility of a door opening.
- Equip your bicycle with lights and wear reflective clothing, especially during low visibility conditions.
For Drivers & Passengers:
- Before opening a door, always make sure to check your blind spots and mirrors.
- Instill the habit of using the "Dutch Reach" – opening the car door with the hand furthest from the door, which naturally turns your body and gives a better view of oncoming cyclists.
In Conclusion
Dooring accidents in NYC, though unfortunate, have brought to light the shared responsibility of drivers and cyclists in creating a safer urban environment. As NYC continues to evolve its infrastructure, understanding and exercising your legal rights can make a significant difference in ensuring justice and safety for all. Remember, while legal processes can offer compensation, proactive safety measures can prevent these accidents in the first place. Let's aim for safer streets where both drivers and cyclists co-exist harmoniously.
Brandon J. Broderick Can Help With Your NYC Bicycle Accident
A vehicle accident of any kind can leave you in pain and feeling frustrated and hopeless. When the accident is due to someone else's lack of care, you may need legal representation to ensure your rights and best interests are protected—in these situations, having someone who is on your side to back you up can be a huge relief.
At Brandon J. Broderick, Attorney at Law, we believe in compassionate client care and honest, straight-forward approach. When you hire a New York City accident lawyer from our team at Brandon J. Broderick, you pay nothing upfront. We work on contingent fees that are only collected if we win your case. That means if we don’t win, you don’t pay.
Contact us today, and let us turn your setback into a comeback.