In New York, cyclists and motorcycle riders have to brave all sorts of dangers on a daily basis. However, as of late, there has been a steady increase in the number of “dooring” accidents in the city. As a result, a routine ride can turn into a painful and costly accident in a matter of seconds. Because these accidents involve all sorts of vehicles and urban traffic conditions, determining liability is not always straightforward. Nevertheless, the team at Alex Yadgarov & Associates is here to help sort things out. In this post, as an accident lawyer in NYC, we’ll be explaining what dooring accidents are, how liability is determined, and what victims can do to protect their rights.
What is a “dooring” accident?
A “dooring” accident is a type of accident where either the driver or the passenger opens the door of a vehicle in the path of an oncoming bicycle or motorcycle. These accidents occur with little to no warning, and even cyclists traveling at reasonable speeds can suffer catastrophic injuries. Injuries such as broken wrists, busted collarbones, leg injuries, and facial injuries are common in ‘dooring’ accidents.
What does New York law say about “dooring” accidents?
In New York, the law on ‘dooring’ accidents is quite clear. According to Section 1214 of the Vehicle and Traffic Law, no person can open the door of a motor vehicle on the side of moving traffic unless it is reasonably safe to do so. This law applies to both drivers and passengers. For instance, if you’ve hired an Uber or Lyft and you swing the door on an oncoming cyclist, you could be held personally responsible for the accident.
Who can be liable in “dooring” accidents?
In New York, liability is determined under negligence per se. This means that if you broke a rule and someone got hurt, you may be liable if the rule was designed to prevent such an injury in the first place. Depending on the circumstances, any one of the following parties may be held liable.
- Drivers and passengers—When either a driver or passenger opens the vehicle door in the path of oncoming traffic, they would most likely be held liable, especially if the facts show that they failed to exercise reasonable care, such as checking their mirrors and looking over their shoulders before opening the door.
- Car owners – If you’ve given someone else permission to drive and use your vehicle, you as the owner can also be held liable for what the occupants do behind the wheel.
- Companies and employers – Under the doctrine of vicarious liability, companies and employers can be held liable for accidents. This can happen when the accident occurred during the ‘course of employment.’ (i.e. during work hours or on the way to and from work)
What should you do after a “dooring” accident?
If you’ve been injured in a dooring accident, here’s what you need to do to protect your rights and increase your chances of obtaining favorable compensation.
- Call 911 and inform the authorities about the accident and request medical assistance.
- If you’re injured, receive immediate medical attention, even if the injuries are minor.
- Gather evidence and document the scene of the accident.
- Exchange contact and insurance information with the other party.
- Contact your accident lawyer in New York to understand your rights and liabilities.
- Contact your insurance provider to inform them about the accident and begin the claim process.
Conclusion
In New York, dooring accidents have become increasingly common, putting a lot of cyclists in peril. If you’ve been injured in a dooring accident, understanding how liability works and knowing the steps you take afterward is what influences your ability to claim compensation. If you’re in the pursuit of compensation, Alex Yadgarov & Associates is here to help. Contact us today and schedule your free consultation.