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I was in NYC this past Sunday riding my single speed as I do every weekend, and I rode right into a taxi cab door that came flying open. The cab was in the right lane at a red light that had just turned green, and as I was riding up along side it the door flew open, and I had no time to get out of the way and rode straight into the door. My shoulder crushed against the door frame and I then flipped out onto the hood of a parked car. My front wheel was destroyed, and the passengers of the cab got out and walked away, then the cab driver drove off. A few people came to see if I was ok, luckily there was no serious injury. My shoulder bruised up immediately and was all cut up, but other than that I was able to walk away.
I was just curious if this has happened to anyone else, and who's fault this really was, and if I had been seriously injured, who would be held responsible??
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Hard to say. If it was the front door, it would clearly be the cab's fault. Drivers are obligated to make sure it's clear before opening the door. Whether the passenger bears any responsibility is another matter as he doesn't have a mirror to check. In the end I suspect legally the whole thing would be the cab's fault and that the cab's insurance would cover this, whether it's the driver or passenger.
As a matter of practicality riding within door-range is just plain stupid, especially around cabs in a major city like NY where they are everywhere and ppl are constantly getting in and out in an unpredictable manner, but I suspect you know that now. Glad you weren't hurt more seriously. :)
No matter who was "at fault", the driver leaving the scene was unacceptible. Here that would be possibly a criminal hit and run offence.
glad to hear the OP suffered no severe trauma.
As a matter of practicality riding within door-range is just plain stupid
stupid as it may be, it is sometimes unavoidable. I've been forced to yield to asswipes passing me too close for comfort on more than one occasion. I hate doing it, but if the alternative is to be sideswiped, i'll swerve.
btw, ditto on the driver's actions, a complete ****** for leaving the scene. i was doored a couple of weeks back and the driver was nice enough to offer to take me to the ER.
glad to hear the OP suffered no severe trauma.
stupid as it may be, it is sometimes unavoidable. I've been forced to yield to asswipes passing me too close for comfort on more than one occasion. I hate doing it, but if the alternative is to be sideswiped, i'll swerve.
btw, ditto on the driver's actions, a complete ****** for leaving the scene. i was doored a couple of weeks back and the driver was nice enough to offer to take me to the ER.
Obviously occasionally it may be necessary if swerving to avoid something, but the reality is that it's only necessary in rare circumstances. If I have to ride in the door zone there is no way I'll be going more than 10mph. Anyone that gets doored once has my sympathies, anyone that gets doored twice...
I was just curious if this has happened to anyone else, and who's fault this really was, and if I had been seriously injured, who would be held responsible??
Taxi passengers are required to check for traffic before opening their doors.
I saw a biker get doored Friday afternoon in San Francisco. The driver stopped and the cyclist asked the SUV passenger (who doored him) "Are you guys okay?" There were police all over the place (this was near Union Square with heavy traffic and many protesters), one who witnessed the incident, two who came to see if the biker was okay and one who took a statement from the SUV occupants.
If I have to ride in the door zone there is no way I'll be going more than 10mph. Anyone that gets doored once has my sympathies, anyone that gets doored twice...
In the dooring I saw, the cyclist was directly adjacent to the SUV. Cyclist was in a right turn lane, truck in the straight-through lane. The SUV stopped in the middle of the street after pulling alongside the cyclist and the passenger pushed her door open right into the biker, knocking him over. When I saw it I thought it was intentional, but the passenger was a middle aged woman who looked shocked at what she just did, especially when the large police presence near that intersection converged on her.
RFM
NYC Taxis are supposed to drop their passengers off no farther than 12" or 18" (I don't remember the exact distance) from the curb for safety reasons. They're supposed to get ticketed for picking up or dropping off in the middle of traffic. Next time make sure you get the plate number if you can...
Cabbie's fault. Cabs are required to pull all the way over to the curb when picking up or letting out passengers. They very rarely do that.
Cabbie's fault. Cabs are required to pull all the way over to the curb when picking up or letting out passengers. They very rarely do that.
Utter Nonsense.
It's the cyclists fault for undertaking (overtaking on the inside). You all do it. What do yo expect?
There's two things that car doors are supposed to do and thats to open and close. So why be surprised when one opens?
How on earth could anyone imagine it was the drivers fault is beyond me........ you just give cyclists a bad name.
Utter Nonsense.
It's the cyclists fault for undertaking (overtaking on the inside). You all do it. What do yo expect?
There's two things that car doors are supposed to do and thats to open and close. So why be surprised when one opens?
How on earth could anyone imagine it was the drivers fault is beyond me........ you just give cyclists a bad name.
Why would a person like you post here?
Sounds as tho' there are a number of errors to me.
Riding up the inside of a NY cab, given the posts I've seen on the subject on this forum, is pretty unwise. Especially if the rh lane was adjacent to a parking area ("...flipped onto the hood of a parked car"). If that was the case then the cab driver would have to leave a gap between the taxi and the line(?) of parked cars so that a passenger could get out.
Even tho' the lights had just turned green, the possibility that a passenger might have just paid the fare while the cab was stationary on the red and then gets out should always be considered by the wary cyclist.
Sorry Heywhoa, but you should have been aware of that risk and ridden accordingly.
Of course, the cab driver shouldn't have left the scene of an accident, but yours was the greater responsibility, I'm afraid.
... the passengers of the cab got out and walked away, then the cab driver drove off...They knew they were both responsible, that is why they both took off. Real nice of them, bad karma to both.
Of course, the cab driver shouldn't have left the scene of an accident, but yours was the greater responsibility, I'm afraid.The cab driver breaks a couple of laws, the passenger breaks the law, the cyclist breaks no law and YOU think the cyclist has the greater responsibility for this collision? It is one thing to advise cyclist that filtering to the right of vehicles, especially cabs can be risky, but to place blame on the cyclist when the cab driver and passenger were the ones that broke the law is absurd.
Some combination of fault here - the taxi for not pulling over closer to the curb, the passenger for not looking before opening their door, and you for passing on the right/inside. Still the cab should have stopped and if you got the cab number I would report the accident as a hit and run. You might be able to get the cab company to pay for your wheel.
While undertaking is almost always a bad idea particularly where space is tight, you have to be especially cautious around cabs where you can expect either side doors to open.
Maybe I did not make this clear. Cabbies in NYC are required - BY LAW - to pull over to the curb when passengers are entering or exiting.
undertaking is almost always a bad idea
???
Cool, it's like youtube without the videos
My post is a simple request to meaning of her post. The difference in understanding is likely due to the difference of American english vs. UK/Canadian english or could be a simple typo. Not knowing which, I just posted the "?"
'Undertaking' - the opposite to 'overtaking', and a not so subtle comment on the relative safety of such.
He can't help it, he's from yorkshire.. It's grim oop north.
In California, the car driver is ALWAYS at fault for dooring a cyclist.
CA Vehicle Code 22517
No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
I'm with 1Easyrider on this one.
Passing on the right, splitting lanes, filtering is all idiotic in my opinion.
No person shall open the door of a vehicle on the side available to moving traffic .
I believe the OP stated that he was passing on the right.
NOT the side available to moving traffic (or rather, where moving traffic is SUPPOSED to be).
He can't help it, he's from yorkshire.. It's grim oop north.
We just win all the football honours up North. We support teams with the odd Englishman in it. We don't support teams who's transfer policy is destroying English football at the national level and I'll bet you can't even speak a word of French can you!
AND WE DON'T RIDE OUR BIKES LIKE IDIOTS AND BLAME ALL AND SUNDRY.
Enjoy your traffic jams and your smog, enjoy your crime rate and your thugs and criminals, enjoy your weak lager and your watery beer, enjoy your salad and avocado sandwiches and the prices in your shops, enjoy the house prices and enjoy your Southern neighbours.
Enjoy!
It's really grim up North!!
I believe the OP stated that he was passing on the right.
NOT the side available to moving traffic (or rather, where moving traffic is SUPPOSED to be).
Surprisingly most motor vehicles have off-side and near-side doors!
In California, the car driver is ALWAYS at fault for dooring a cyclist.
CA Vehicle Code 22517
No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Get real....... bikes are hard to see and all cars have blind spots. Therefore, sensible cyclists take precautions and drive with due care and attention.
Wow. Is 1Easyrider a troll? Those posts sure do sound like troll posts to me :(
Man of the world eh? So perceptive, not
Utter Nonsense.
It's the cyclists fault for undertaking (overtaking on the inside). You all do it. What do yo expect?
There's two things that car doors are supposed to do and thats to open and close. So why be surprised when one opens?
How on earth could anyone imagine it was the drivers fault is beyond me........ you just give cyclists a bad name.
You may find fault with the cyclist if you wish, but it's also true that people are not supposed to get out of cars in the middle of a traffic lane.
Cab drivers are also responsible to check and warn passengers of anything. If a passenger opened the door as a car was coming by it would also have been the cab drivers fault unless he warned them not to open it - they have more responsibilities than just driving people from point A to B.
We just win all the football honours up North. We support teams with the odd Englishman in it. We don't support teams who's transfer policy is destroying English football at the national level and I'll bet you can't even speak a word of French can you!
AND WE DON'T RIDE OUR BIKES LIKE IDIOTS AND BLAME ALL AND SUNDRY.
Enjoy your traffic jams and your smog, enjoy your crime rate and your thugs and criminals, enjoy your weak lager and your watery beer, enjoy your salad and avocado sandwiches and the prices in your shops, enjoy the house prices and enjoy your Southern neighbours.
Enjoy!
It's really grim up North!!
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Revenez à votre caverne, vous merde visage fils d'une prostituée tzigane.
The driver is responsible. Unfortunately this guy wasn't as lucky as the OP.
http://ny.metro.us/metro/local/article/Cyclist_killed_in_accident/11003.html
Maybe I did not make this clear. Cabbies in NYC are required - BY LAW - to pull over to the curb when passengers are entering or exiting.
I am not sure how they can do this when there are parked cars between the cab and the curve.
You may find fault with the cyclist if you wish, but it's also true that people are not supposed to get out of cars in the middle of a traffic lane.
How are they supposed to get out then. If a cab pulls over to discharge passengers, passing between the cab and the sidewalk is idiotic.
OTOH the cab driver was an a*hole for driving off.
Section 4-11 of the NYC Dept. Of Transportation New York City Traffic Rules:
--------
(c) Pickup and discharge of passengers by taxis, commuter vans and for-hire
vehicles. Operators of taxis, commuter vans and for-hire vehicles may, in the course of
the lawful operation of such vehicles, temporarily stop their vehicles to expeditiously pick
up or discharge passengers at the curb in areas where standing or parking is prohibited.
Taxis, commuter vans and for-hire vehicles, while engaged in picking up or discharging
passengers must be within 12 inches of the curb and parallel thereto, but may stop or
stand to pick up or discharge passengers alongside a vehicle parked at the curb only if
there is no unoccupied curb space available within 100 feet of the pickup or discharge
location; however, picking up or discharging passengers shall not be made:
(1) Within a pedestrian crosswalk.
(2) Within an intersection, except on the side of a roadway opposite a street
which intersects but does not cross such roadway.
(3) Alongside or opposite any street excavation when stopping to pick up or
discharge passengers obstructs traffic.
(4) Under such conditions as to obstruct the movement of traffic and in no
instance so as to leave fewer than 10 feet available for the free movement of
vehicular traffic.
(5) Where stopping is prohibited.
(6) Within a bicycle lane.
(7) Within horse-drawn carriage boarding areas.
----------
There is a provision for discharging passengers, next to a parked vehicle in the event that there is no curb access within 100ft. of the pick up or discharge point, but; It would still not be legal to do so within a bike lane. Finding curb access within a 100ft. of just about anywhere is highly doable.
The key point would be: within Twelve Inches of the curb.
I am not sure how they can do this when there are parked cars between the cab and the curve.
There is a provision for discharging passengers, next to a parked vehicle in the event that there is no curb access within 100ft. of the pick up or discharge point, but; It would still not be legal to do so within a bike lane. Finding curb access within a 100ft. of just about anywhere is highly doable.
The key point would be: within Twelve Inches of the curb.
I didn't see anything about a bike lane in the original post. Looks to me like the cab was legally stopped to discharge passengers.
Legally - in New York - the fault lies with both the driver AND passenger. (The police who ticketed only the driver who took part in Mr. Smith's killing should have also ticketed the passenger. Actually, they SHOULD have arrested them both for manslaughter, but that's in Sane World.)
The reason the law makes the passenger equally responsible is that the driver does not - cannot - have complete control over those within his vehicle.
As I've mentioned, however, if massive mandatory fines/jail time attached to injuring and killing with cars, the behavior would vanish.
It's just that the rights of cars are considered more valuable than the health, safety and lives of people.
As far as riding too close to a taxi: it's the legal responsibility of the driver/passenger to LOOK before opening a door. (However, I do tend to keep my distance...)
From the stories i've read here, NYC sounds like a city full of really caring, selfless people.
Well...
Folks ARE in a bit of a hurry, it's true.
But there are many wonderful (if fast-moving) folks here!
I think we'd have to look at bike injuries/deaths per capita to figure out how safe/dangerous NYC is relative to other cities/towns.
My guess, however, is that NYC (if only due to the massive gridlock that slows traffic, and the "no right turn on red" laws) may actually be a fairly safe cycling city!
It's just that more people probably = more Kar-caused mayhem.
I understand the volume and complexity of NYC, from what i've seen. The thing that causes that statement, is that by looking at the front page of A&S alone right now, there are 2 threads about hit and runs in NYC, one of which involved a police officer who actually prosecuted the victim instead of the culprit. There's also another thread about summons for riding on sidewalks in NYC, which is understandable, but some of them were caused by cyclists trying to escape dangerous situations.
I don't know how a city can get to the point where it seems that on average, people don't value human life or decency anymore.
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