Dooring accidents—where a driver or passenger opens a car door into the path of a cyclist—are sudden, dangerous, and often result in serious injury. For the cyclist, the consequences can include broken bones, concussions, spinal trauma, or worse. But when it comes to assigning fault, the legal path can get complicated. Understanding how liability works in dooring accidents is key to protecting your rights and recovering damages if you’re injured.
What Is a Dooring Accident?
A dooring accident occurs when someone inside a parked or stopped vehicle opens their door directly into the path of an oncoming cyclist. Most often, the cyclist has no time to react and either crashes into the door or swerves into traffic to avoid it—both scenarios carrying high risk of injury.
These incidents are especially common in urban areas where bike lanes run alongside street parking. Despite their frequency, many drivers and passengers underestimate the danger of opening a door without checking for cyclists.
Who Can Be Held Liable in a Dooring Accident?
In most dooring cases, the person who opened the door is held liable—usually the driver, but sometimes a passenger. Most state traffic laws require people exiting a vehicle to check that it is safe to do so without endangering others. Failing to do so can be considered negligence.
However, liability isn’t always clear-cut. Here are some key points that may affect fault:
- State or Local Traffic Laws: Many jurisdictions have specific “dooring laws” that clearly assign responsibility to the person opening the door. For example, New York Vehicle and Traffic Law § 1214 prohibits opening a car door unless it is “reasonably safe to do so.”
- Driver vs. Passenger Responsibility: While drivers are usually more aware of traffic, passengers may be less experienced in assessing danger, especially in rideshares. However, the law doesn’t generally excuse a passenger from acting recklessly.
- Contributory Negligence: If the cyclist was riding outside of a designated bike lane, riding against traffic, or moving at an unsafe speed, their own actions may partially reduce the driver’s liability.
How Comparative Fault Impacts Compensation
In states that follow comparative negligence rules, the injured cyclist may still recover damages even if they were partially at fault—though the amount could be reduced in proportion to their share of responsibility.
For example:
- In pure comparative negligence states like California, a cyclist found 30% at fault could still recover 70% of the total damages.
- In modified comparative negligence states like Massachusetts, the injured party can recover only if their share of fault is less than 51%.
Cyclists in contributory negligence states (like Virginia and North Carolina) face a stricter standard: if they are found even 1% at fault, they may be barred from recovering any damages.
Proving Negligence in a Dooring Accident Case
For a successful injury claim, the cyclist typically must show:
- The vehicle occupant opened the door without checking for approaching cyclists
- The cyclist had the right of way and was operating safely
- The dooring directly caused the injuries
To strengthen a claim, injured cyclists should try to:
- Collect photo or video evidence from the scene
- Obtain witness statements
- Request police reports documenting the incident
- Seek medical care immediately to document injuries
It’s also wise to consult an attorney who understands both traffic law and the challenges specific to bicycle accidents.
Common Injuries in Dooring Accidents
Dooring crashes frequently lead to serious, sometimes life-altering injuries. According to the National Highway Traffic Safety Administration (NHTSA), dooring-related incidents account for a significant portion of urban cycling accidents. Common injuries include:
- Head trauma or concussions
- Facial lacerations or fractures
- Shoulder dislocations
- Broken collarbones
- Spinal injuries
- Road rash and soft tissue damage
Because cyclists are relatively unprotected, even a low-speed impact can result in hospitalization and long-term treatment.
Are There Criminal Penalties for Dooring?
In some jurisdictions, dooring isn’t just a traffic violation—it can also be a misdemeanor offense, especially if it results in serious bodily harm. Some cities, like Chicago and San Francisco, have implemented fines for dooring incidents ranging from $100 to $1,000. These penalties, however, are separate from civil lawsuits and won’t directly result in compensation for the cyclist unless a civil case is pursued.
What Cyclists Can Do to Stay Safe
While the legal system offers recourse after an injury, prevention is always better. Cyclists can reduce their risk of dooring by:
- Riding outside the “door zone” when possible (about 3–5 feet from parked cars)
- Being especially cautious around rideshare pickup zones
- Using front and rear lights, even during the day, to improve visibility
- Watching for brake lights or passenger movement inside parked vehicles
However, these precautions don’t eliminate the responsibility of those inside the vehicle to check before opening the door.
Legal Options for Injured Cyclists
If you’ve been injured in a dooring incident, you may be entitled to compensation for:
- Medical expenses (current and future)
- Lost wages and reduced earning capacity
- Pain and suffering
- Property damage (bike repairs or replacement)
An experienced personal injury attorney can evaluate your case, gather evidence, and negotiate with insurance companies or represent you in court. In some cases, third-party liability may apply—for example, if a rideshare driver encouraged a passenger to exit unsafely.
Conclusion
Dooring accidents are preventable and often stem from a simple failure to check before opening a door. For cyclists, the aftermath can be physically, emotionally, and financially draining. Understanding your legal rights—and how fault is determined—can help you take action if you’re injured. With the right legal support, injured cyclists can hold negligent parties accountable and secure the compensation they need to recover and move forward.
Injured? The Office of Brandon J. Broderick, Personal Injury Lawyers, Can Help
Navigating Personal Injury Claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.
Contact us now for a free legal review.