Cycling is becoming increasingly popular across New Jersey for commuting, health, and fun, especially in busy cities and along the Shore. However, with more bicycles sharing the road with vehicles, “dooring” accidents are becoming more common. Dooring can cause significant injuries as well as confusion about who is legally responsible. To learn more about who can be held liable for a dooring accident, continue reading and consult with a knowledgeable Middlesex County bicycle accident attorney today.
What is a Dooring Accident?
Put simply, a dooring accident occurs when a driver or passenger opens a vehicle door into the path of a cyclist, causing them to hit the door or swerve into traffic. When an individual in a car is distracted or fails to ensure that it is safe to exit the vehicle before opening the door, it can create a significant hazard to bicyclists.
Cyclists generally travel at around 10 to 20 miles per hour and often ride close to parked cars to avoid moving traffic or because of the placement of bike lanes. With no vehicle frame, airbags, or seatbelt, a sudden door opening can throw a cyclist onto the pavement or into moving traffic. Common injuries that can arise from dooring include broken bones, facial injuries, brain trauma, spinal damage, and deep lacerations.
Who is Liable for a Bicycle Dooring Accident in NJ?
Many states have specific dooring statutes that explicitly prohibit drivers and passengers from opening the door of their vehicle without first ensuring that it is safe to do so and that it will not interfere with traffic, including bicyclists. However, New Jersey does not have any such legislation. While Assembly Bill 1629 was introduced in 2012 and was intended to implement this type of rule, it was not passed and did not become law.
However, New Jersey imposes other regulations that can apply. For example, vehicle occupants must use reasonable caution when opening a door into traffic. If they fail to do so and a cyclist crashes as a result, they can be held legally liable for negligence. Negligence is the failure to exercise the standard of care that a reasonable person would under similar circumstances.
The individual exiting the vehicle is often held responsible. However, the cyclist could be found partly at fault. New Jersey follows comparative negligence, meaning that fault can be shared in a personal injury case. A cyclist could be partially liable if they were not in a bike lane when one was available, they were distracted or were wearing headphones, they ignored traffic signals, they were weaving in and out of parked cars, etc. If the cyclist is found partially responsible, they can still recover compensation for their injuries, given that they are not more at fault than the other party involved. The compensation they are entitled to will be reduced by the percentage they are found at fault.
For more information and to secure skilled representation during your case, reach out to an experienced attorney at Stathis & Leonardis, LLC today.
