Getting 'Doored' (What if)
Discussion
Not happened but got me thinking after watching a few ramdom videos on YouTube.
I commute a fair bit and have to filter through slow/parked traffic; so potentially there is a risk is there.
What is a consensus if a passenger door was opened without looking and there was a incident? If there was damage to the bike or personal injury, how do you go about it . . . do you pursue the passenger (who can be anybody from kid/teen/wife/brother/sister to a taxi passenger) or is it the drivers responsibilty and you take it through their insurance?
As I said, hypothical question as I was intrigued what would happend/you should do in a situaton like this.
Anyone with experience from a incident like this?
I commute a fair bit and have to filter through slow/parked traffic; so potentially there is a risk is there.
What is a consensus if a passenger door was opened without looking and there was a incident? If there was damage to the bike or personal injury, how do you go about it . . . do you pursue the passenger (who can be anybody from kid/teen/wife/brother/sister to a taxi passenger) or is it the drivers responsibilty and you take it through their insurance?
As I said, hypothical question as I was intrigued what would happend/you should do in a situaton like this.
Anyone with experience from a incident like this?
Highway code 239 puts the responsibility on the person opening the door
http://www.highwaycodeuk.co.uk/parking.html
"239
Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the roadside
- do not park facing against the traffic flow
- stop as close as you can to the side
- do not stop too close to a vehicle displaying a Blue Badge: remember, the occupant may need more room to get in or out
- you MUST switch off the engine, headlights and fog lights
- you MUST apply the handbrake before leaving the vehicle
- you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
- it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
- put all valuables out of sight and make sure your vehicle is secure
- lock your vehicle.
Laws CUR reg 98, 105 & 107, RVLR reg 27 & RTA 1988 sect 42"
In this article, Yolanda Law looks at the offence in more detail, including the consideration of contributory negligence by the cyclist
https://www.cyclistsdefencefund.org.uk/the-law-for...
"Contributory negligence in civil cases
In civil cases, the question has been raised of whether cyclists should anticipate that a car door may be opened in their path. This was considered in the case of John Burridge v Airwork Ltd (2004) where the Claimant cyclist was knocked into the road by a mini-bus door. He was then struck by another vehicle, causing him serious injury. The Defendant argued that the Claimant should have anticipated that the driver might open his door to get out after he had pulled over.
At first instance the court made no finding of contributory negligence. In the Court of Appeal, May LJ accepted that it was foreseeable that the driver might get out of his vehicle on the offside and that the Claimant had an opportunity to take avoiding action but was not at fault for failing to do so. The arguments advance by the Defendant infer that any cyclist injured when a vehicle door had been opened in their path had been guilty of contributory negligence. It was the view of May LJ that this placed too high a standard on cyclists."
http://www.highwaycodeuk.co.uk/parking.html
"239
Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the roadside
- do not park facing against the traffic flow
- stop as close as you can to the side
- do not stop too close to a vehicle displaying a Blue Badge: remember, the occupant may need more room to get in or out
- you MUST switch off the engine, headlights and fog lights
- you MUST apply the handbrake before leaving the vehicle
- you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
- it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
- put all valuables out of sight and make sure your vehicle is secure
- lock your vehicle.
Laws CUR reg 98, 105 & 107, RVLR reg 27 & RTA 1988 sect 42"
In this article, Yolanda Law looks at the offence in more detail, including the consideration of contributory negligence by the cyclist
https://www.cyclistsdefencefund.org.uk/the-law-for...
"Contributory negligence in civil cases
In civil cases, the question has been raised of whether cyclists should anticipate that a car door may be opened in their path. This was considered in the case of John Burridge v Airwork Ltd (2004) where the Claimant cyclist was knocked into the road by a mini-bus door. He was then struck by another vehicle, causing him serious injury. The Defendant argued that the Claimant should have anticipated that the driver might open his door to get out after he had pulled over.
At first instance the court made no finding of contributory negligence. In the Court of Appeal, May LJ accepted that it was foreseeable that the driver might get out of his vehicle on the offside and that the Claimant had an opportunity to take avoiding action but was not at fault for failing to do so. The arguments advance by the Defendant infer that any cyclist injured when a vehicle door had been opened in their path had been guilty of contributory negligence. It was the view of May LJ that this placed too high a standard on cyclists."
Edited by anonymous-user on Monday 27th November 11:12
I believe the responsibility for compensation/insurance claims still sits with the car drivers insurance, not the passenger.
I have been in a dedicated cycle lane when the passenger of a car queuing at traffic lights deceided to walk the rest of the way and got out of the car.
I went straight into them and then the door, and then fell over as I was clipped in. Luckily nothing more than a cut elbow... passenger had a bit of limp though....
So these other comments about filtering... usual nonsense from non cyclists. You can be in a dedicated cycle lane and still get hit.
DocJock said:
1. You don't 'have to' filter.
2. You should be leaving enough room when passing to avoid such an incident.
3. You are the one making the manoeuvre so the responsibility to complete it safely is yours.
By this notion, you should also never walk within arm's reach of another pedestrian, as they could push you into the road, and you'd be negligent for allowing them to do so.2. You should be leaving enough room when passing to avoid such an incident.
3. You are the one making the manoeuvre so the responsibility to complete it safely is yours.
Usget said:
DocJock said:
1. You don't 'have to' filter.
2. You should be leaving enough room when passing to avoid such an incident.
3. You are the one making the manoeuvre so the responsibility to complete it safely is yours.
By this notion, you should also never walk within arm's reach of another pedestrian, as they could push you into the road, and you'd be negligent for allowing them to do so.2. You should be leaving enough room when passing to avoid such an incident.
3. You are the one making the manoeuvre so the responsibility to complete it safely is yours.
It's totally insane...
yellowjack said:
I want to know how I can go about "leaving enough room" if I use this local authority designed and implemented "cycle contra-flow" lane. Wedged, as it is, between the footway and completely legally parked cars... https://www.google.co.uk/maps/@51.2772549,-0.73773...
It's totally insane...
DocJock would say to cycle on the path. But wait . . . . .It's totally insane...
yellowjack said:
I want to know how I can go about "leaving enough room" if I use this local authority designed and implemented "cycle contra-flow" lane. Wedged, as it is, between the footway and completely legally parked cars... https://www.google.co.uk/maps/@51.2772549,-0.73773...
It's totally insane...
I'm impressed that they're parked in the boxes! Round our way they'd all be halfway across the path regardless...It's totally insane...
Back on topic, I'm happy to filter on either side but with caution. I certainly wouldn't be within a doors width at full tilt!
FWIW, if we were serious about road safety we'd be teaching vehicle users the 'Dutch Reach'. Then again we'll all be banned from the roads to make way for self driving EVs soon enough...
ecs said:
Then you get called a 
for 'riding in the middle of the road'. Cannot win.
I'd rather get called a for 'riding in the middle of the road'. Cannot win. than have a door opened on me. Besides, as a cyclist I get called a
for riding steadily in the cycle lane and minding my own business...so again, as you say, cannot win...but if I ain't gonna win I'm sure going to do everything in my power to not get hurt...or (more importantly) damage the old girl.Gassing Station | Pedal Powered | Top of Page | What's New | My Stuff