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Bicycles vs. Car Doors: A Practical Guide to Your Rights and Responsibilities
Published: February 24, 2010
Author: Claudia N. Lombardo
“Dooring” crashes can be some of the most dangerous to cyclists. When a cyclist hits an opened car door at 15-20 miles per hour, the result is invariably bad. Usual outcomes include:
- The bicycle stops, but the cyclist continues in motion, flying over the door and landing on the pavement ahead or on top of another parked car
- The cyclist is knocked over into the path of moving traffic, sometimes landing under the wheels of another vehicle
- The cyclist swerves to avoid the door, but loses control of the bicycle and veers into traffic
In one example, 50 year old Linda Willsey was biking down Henry Street in Madison on her way home from work when someone in a parked car opened the door without looking first. Willsey collided with the door and landed on her back, suffering multiple contusions and a fractured vertebra. While in the hospital, a police officer issued Willsey a citation for failing to allow a minimum of three feet between the bicycle and the parked car. To make matters worse, the motorist’s insurance company relied on the citation to avoid paying for Willsey’s health care costs.
Accidents like the one Linda Willsey experienced led to the Wisconsin legislature’s enactment of 2009 Wisconsin Act 22. The Act amended Wisconsin law by requiring that any person in a car take precaution to ensure that opening the car door will not endanger a passing cyclist. The penalties range from $20.00 to $40.00 for the first offense and from $50.00 to $100.00 for the second. 18 other states have similar laws.
The Act also eliminated the requirement that cyclists allow a minimum of three feet between the bicycle and a standing or parked vehicle with the exception of a school bus that is not displaying flashing red warning lights or a regular motor bus. Many believed the three foot requirement unfairly pushed cyclists out into traffic. Now, the onus is on drivers and passengers to make sure the path is clear before swinging a car door open.
Supporters of the new legislation hope that cyclists will now have the legal clout they need to hold motorists responsible for damages. Prior to the law, police could not cite a person who inattentively opened a car door because there had been no violation committed. In contrast, the “three feet” rule was enforceable to the detriment of cyclists.
Legislation does not always change human behavior. Therefore, there are several key points all cyclists need to know to protect themselves from dooring injuries:
- Ride far enough to the left as to not hit a car door that opens unexpectedly.
A cyclist should assert his or her legal right as the driver of a vehicle. You are more likely to hit a car door than get hit from behind by a vehicle. Some car doors are up to four and a half feet long. Be aware that bike lanes are often within the door zone, which can easily fool inexperienced cyclists because of the misguided notion that bike lanes must be safe.
- Wear a helmet.
This is always an important and life saving decision whether to protect against hitting the pavement, another car, or the sharp edge of a car door. The statistics are appalling. Head injuries account for more than 60 percent of bicycle-related deaths, approximately two-thirds of bicycle-related hospital admissions and approximately one-third of hospital emergency room visits for bicycling injuries.
- Keep your hands near the brakes.
You cannot predict when a car door will open. Being able to slow down will reduce the impact between you and the car door.
- Ride predictably.
Motorists expect that you will ride in a consistent, straight line. Do not weave in and out of narrow spaces between parked cars. This puts you at greater risk of injury if a car door opens.
- Anticipate motorist and passenger actions.
Assume that people in parked or standing cars do not see you. Wear bright clothing and flashing lights. Become sensitive to the mechanics of cars. When you see brake lights or interior lights go on, there is a good possibility that the car door will open. You may also want to get in the habit of scanning the interiors of parked cars for someone about to exit.
When confrontation with a car door is inevitable, brace yourself against your handlebars for impact and use proper braking technique. To avoid an "over the bars" scenario, a cyclist needs to shift back in the seat, transferring the center of gravity to the rear of the bicycle.
After the crash, try to stay calm. You will want to evaluate as best as you can your physical condition. The calmer you are, the easier it will be to assess your physical well-being. Then, call the police. A police officer will arrive and fill out a police report. Police reports often include witness statements, which will be useful if a dispute ever arises in the future over what exactly happened.
Obtain medical attention if you are injured. You are the only person who can decide whether or not medical attention is necessary. Know that symptoms may not appear until a few days after the accident. At the very least, a medical professional can tell you what to expect and how to manage your symptoms.
Consider whether you need legal advice. You may be entitled to a wide variety of damages, including past and future medical costs, lost earnings and potential earnings, pain and suffering, and property damage to your bicycle and gear. Most initial consultations with attorneys are free. There is no harm in educating yourself on what the law can provide you.
There is no doubt that cyclists won a huge victory with 2009 Wisconsin Act 22. What is particularly promising about the legislation is that cycling and bicyclists are finally being recognized. It is not enough to rely on helpful legislation, however. Riders must still endeavor to be smart cyclists to avoid injury and protect their rights after an injury occurs.
For more information contact Axley Brynelson Attorneys Jason Knutson at 608.283.6753 or jknutson@axley.com or Timothy Barber at 608.283.6740 or tbarber@axley.com.
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