kgriffioen

Latest developments in Wisconsin. I would like to think that this won't/can't happen to me because I am always on the lookout for this scenario. Just throwing it out there.

https://www.madison.com/wsj/mad/top/437600

slagjumper

Here in Pennsylvania, a lawyer successfully defended the cyclist, since the motorist who opened the door, "entered the street at the duress of others".

degnaw

Strictly legally, I would say the motorist is at fault. In reality, however, I would never count on drivers to check for bikes in a way that isn't an afterthought while looking for cars.

Jim from Boston

I myself as a conscientious cyclist, IMO, have opened car doors after looking and had cyclists zip past me. When riding I keep this thought in mind; treat every parked car like a gun and assume it is loaded, with an occupant ready to exit.

kylejack

Never assume that being in the legal right is going to keep you alive and uninjured.

randya

I'm almost positive the Uniform Vehicle Code assigns fault in any dooring to the person opening the door, but that doesn't help much if you are dead or severely injured; so don't ride in the door zone!

ORS 811.490 in Oregon.

https://www.stc-law.com/bicyclecardoor.html

mcgreivey

In some jurisdictions, there may be required to ride at a certain distance from cars. If there's a lane marking between the travel lane and the parking lane, you may be required to ride on the travel side of the line.

Beyond these possible requirements, yes, the motorist who opens the door is supposed to excercise reasonable care, and not open his door into the path of travel of another vehicle. But as others have pointed out, this is only academic, if you're the cyclist who gets doored. Even if you don't get killed or maimed, all too often a motorist is presumed to be in the right when the other party is not a motorist.

nick burns

If a person in a parked car opened a door and hit a moving car, the person in the moving car would not be at fault, so why would a cyclist in the same situation? It's up to the person opening the door to make sure it is safe to do so first.

cbr2702

The part that really worries me is this

"Meanwhile, state Sen. Fred Risser, D-Madison, and others have introduced a similar proposal in the Legislature that would also wipe out the state rule that makes bicyclists ride at least three feet away from a parked car. The three-foot rule, Risser said, can force cyclists from a bike lane or the side of the road into traffic."

Riding in traffic is preferable to being doored. And if a bike lane is painted where a rider cannot stay three feet from parked cars, then it needs to be fixed. I'm not objecting to repealing the law (very slow filtering between stopped traffic and parked cars hurts no one) but this reasoning is entirely wrongheaded.

cbr2702

I suspect this is not true everywhere. One would need a specific law (as oregon, mass, and others have) that prohibits it. Otherwise it's a vehicle hitting a parked car, which is prohibited. That the driver did not have time to react is not an excuse -- if I small child runs out in front of a car from between a pair of parked cars, it's the driver's fault for the crash.

I think there should be laws like oregon has, but I don't think this is an example of car-favoritism.

Note: I am not a lawyer.

chainstrainer

My own experience with this scenario was many years ago as the doorer, not the dooree, I am ashamed to say. An absent-minded moment on my part resulted in nailing a passing roadie - the noise of impact was terrific. Fortunately he was uninjured but his expensive Cannondale was pretzeled (I was also lucky that he was only mildly angry and not ballistic). My car insurance company later explained that it was my fault in that the circumstance was such that cyclist had no chance to evade the door. It would have been a different assessment if, say, my door had been open long enough for the cyclist to easily avoid but had not seen because his head was looking down instead of forward. They settled with the cyclist for a new Cannondale and several hundred dollars in return for a signed waiver of any medical claims. It was a lesson for me I've not forgotten. Whether as a parked motorist or a cyclist, I'm constantly aware of my surroundings, especially in or around a parked car on the street.

pipes

IMHO if you get doored MOST of the time if not all the time you have put yourself IN A BAD POSITION . Most likely in most states the driver is legaly responsible ! But we all know here on BF to stay out of door zones . But your average bike rider never gives it a thought UNTIL they have a close call or get doored .

nick burns

A quick bit of googling tells me that while your first statement might be true, the law in most places states it is illegal to open a car door into traffic without first ensuring it is safe to do so.

genec

Except in the case of Madison... where they reversed the law and made cyclists responsible.

The reality is the fault is both the motorists and cyclists... the cyclist for putting themselves in a dangerous position, and the motorist for failing to ensure it is safe to do so...

Daily Commute

Bizarrely, state Sen. Fred Risser wants to push the cyclist to stay next to the door. Idiot. Instead of making it lawful to ride in a danger zone, why not eliminate the danger zone by moving the bike lane out of the door zone?

John E

Such situations are all too common. At best, I need to take the left third of a bike lane, but if parked cars protrude into it, I cannot safely stay within the bike lane.

Roody

Legally it's the car person's fault. But I have never in my life ridden in a door zone, and I doubt if I ever will. Why would you?

geo8rge

I would say nobodies fault unless they indended to cause the accident.

The auto maker is a fault:
Doors do not need to swing open. There are sliding and gull wing options. Perhaps a light on the door that blinks if the driver attempts to open it, alerting an approaching bicycleist.

The government, specifically schools is at fault:
Since the government monopolizes most of the money available for education it is the states responsibility to teach children to ride bikes correctly. Needless to say bicycle safety is one more failing of the school system.

The bicyclist is at fault:
I also suspect the rider was ridin too fast with breaks that were not properly adjusted. And maybe not paying attention.

randya

there must be some kind of A&S prize for this post!

Wildcatnj

I am wondering what you are supposed to do when riding on a one way street with steady traffic. I take a road like this every day and usually am in the door zone because I don't really have any other option. The speed limit is 25mph and I can only go about 17mph, so if I take the lane then I would hold up traffic. I try to stay as close to the center as possible while letting cars pass me. I actually ride on the left side of the road, since it is allowed, since I don't think as many people would open those doors.

I would think the people in the car would be at fault in most situations.

CB HI

Take the lane and stay out of the door zone. Your safety is far more valuable than the few seconds delay. Since your on a one way street, odds are that overall, there is no effective delay of motorist simply changing lanes to pass you, move bake into the lane and catch up to the car ahead.

veloGeezer

this is America, so legally, whoever has the most expensive lawyer is in the right

morally, the person who opens the door is being careless

practically, the cyclist who gets doored just had some bad luck

I used to live near a university for 10 years. I've been doored more times than I can remember. Even if you are on the lookout, some guy looking for a bookbag in his back seat will pop up and throw the door of his Jetta open right when you get there.

you want to ride without being doored?

you gotta move out of town

CB HI

See what happens to people who refuse to learn about staying out of the door zone.

Jim from Boston

Rush Limbaugh discussed this on his show today. He saw it as unneeded government intervention. He related how down in Florida "seasoned citizens" are notorious for parking wide of the curb and opening their car doors and taking a long time to exit, so people down there learn to anticpate this. He recommended that cyclists do likewise, and in so many words, as I recall, told us to take the lane.

cbr2702

Rush Limbaugh advocates taking the lane? Is this just so he can tell cyclists off later for delaying motorists?