Advocacy & Safety - Cyclist vs door?
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05-16-08, 04:51 PM
Who's liable? the driver or the cyclist? When I was a messenger I was told that the cyclist was liable for the collision. Whats the law for that in California?
You were most likely told wrong. Here's the Oregon statute:
ORS 811.490 Improper opening or leaving open of vehicle door; penalty. (1) A person commits the offense of improper opening or leaving open a vehicle door if the person does any of the following:
(a) Opens any door of a vehicle unless and until it is reasonably safe to do so and it can be done without interference with the movement of traffic, or with pedestrians and bicycles on sidewalks or shoulders.
(b) Leaves a door open on the side of a vehicle available to traffic, or to pedestrians or bicycles on sidewalks or shoulders for a period of time longer than necessary to load or unload passengers.
(2) The offense described in this section, improper opening or leaving open a vehicle door, is a Class D traffic violation. [1983 c.338 §655; 1985 c.16 §320]
Most laws in the US hold the motorist responsible, but we cyclist need to be smart enough to save ourselves from being doored by not riding in the door zone.
05-16-08, 06:17 PM
CVC 22517 http://www.dmv.ca.gov/pubs/vctop/d11/vc22517.htm
Opening and Closing Doors
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 upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
05-17-08, 12:14 AM
The person pushing their door into the flow of traffic is liable, durr.
Frankly I'm just installing spikes on the front of my bike, maybe I can catch an arm. It will also look brutal.
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