Who is At Fault When a Bicyclist Gets Doored?

Dooring is an incredibly serious risk for bicyclists in Tennessee. While bicyclists have a right to use the road, drivers do not always know that—or agree with it. When a parked driver opens their door into a bicyclist’s path, the cyclist can become seriously injured. Even worse, they may be hit by a car while trying to avoid the door.

In many of these cases, fault often lies with the person who opened their door without verifying that it was safe to do so. However, liability is complex, and it is not always limited to just one person. That is why it is important to reach out to a bicycle accident attorney immediately. Call Rocky McElhaney Law Firm: Car Accident & Injury Lawyers to schedule your consultation now.

What is a dooring accident?

Dooring occurs when a driver or passenger opens their car door into the path of a bicyclist or motorcyclist traveling in the door’s path. The cyclist may hit the door and be injured that way, but they may also be injured when they swerve into traffic to avoid the door.

These collisions are more common in areas where cars frequently park on the side of the road and there is significant bike traffic. Downtown streets, retail and dining areas, schools, and delivery zones are all common spots for dooring accidents.

People often assume these collisions are minor because they happen at relatively low speeds—but bicyclists have almost no protection from vehicles when riding. A helmet can prevent or lessen the impact of a head injury, but other than that, bicyclists are much more likely to be injured at any speed.

Who is usually at fault when a bicyclist gets doored?

In many dooring cases, the person who opened the door into the bicyclist’s path is at fault. A reasonably careful driver or passenger on the traffic side should check that the door path is clear before opening the door into the road. That means checking for bicyclists and motorcycle riders, not just other cars.

This is important because bicyclists have rights on the road, and Tennessee law makes that clear. Bicyclists have many of the same rights and responsibilities that drivers have on the road, and drivers are supposed to share the roadway safely. Even if they are not used to seeing bicyclists or checking for them, they are typically obligated to do so.

If we are talking about Nashville, the law is very specific about this. The Nashville Code of Ordinances states that no one shall open a car door on the side available to moving traffic until it is reasonably safe to do so and does not interfere with the movement of other traffic. They also must not leave it open for longer than necessary to load or unload passengers.

Can passengers be liable for dooring a cyclist?

Yes. Passengers can be liable for accidents even if they are not driving. If a passenger opens their door into a path where a bicyclist may be, they create a dangerous situation for bicyclists who do not have time to stop. In a situation like this, the passenger’s actions may be central to the claim.

This gets more complicated if the passenger is a child, if the driver told the passenger to open their door, or if the vehicle was being used for commercial purposes. The more factors and people you involve in a claim like this, the harder it can be for a victim to recover compensation.

What if the bicyclist was in a bike lane?

If a bicyclist was in a bike lane when they were hit by a door, that can actually strengthen their case against the person who opened the door. If a car is parked next to a bicycle lane, the driver should reasonably know that bicyclists may be present.

When someone opens a door into a bike lane, they put bicyclists in an impossible position. They have to either try to stop, which may cause them to lose control of their bike and fall, or swerve into the car lane, which puts them at risk of being hit by another car.

What if there were no bike lanes?

If there was no bike lane, that does not automatically mean that the cyclist was doing something wrong and should not have been in the driver’s path. Bicyclists are legally entitled to use many Tennessee roads, and people in cars have an obligation to avoid creating sudden hazards.

Drivers may argue that a bicyclist was too close to the vehicle, but that does not always prove fault. Bicyclists often have limited room to maneuver and ride, especially on busy city streets. Riding alongside parked cars may be the only real option for them.

Situations where bicyclists may share fault

While it is clear that drivers are often at fault for dooring collisions, there are situations where bicyclists may share the blame. They may be at fault if they were riding too fast for conditions, were riding without lights at night, or were distracted and missed an open door that they had time to avoid.

What happens if a bicyclist swerves and is hit by another vehicle?

This is perhaps one of the worst outcomes of a dooring accident. If a cyclist swerves and is struck by another car, liability may still rest with the driver who opened the door. They may have created a situation where the cyclist had no option but to move into the next traffic lane. The other vehicle may be partially liable as well if they were speeding, distracted, or otherwise driving negligently. It all comes down to the details of the case.

Call Rocky McElhaney Law Firm: Car Accident & Injury Lawyers for help with your bicycle accident claim

If you or someone you love was injured in a dooring accident, the team at Rocky McElhaney Law Firm: Car Accident & Injury Lawyers is here to help you. Explore your options now by calling us or filling out our online contact form.