Biking as a hobby and transportation is growing rapidly across New Jersey, from bustling cities to suburban communities and shore towns. The installation of dedicated bike lanes, among other factors, has encouraged more people to bike. However, an increased number of cyclists comes with a greater risk of accidents. “Dooring” bicycle accidents are sudden and often unavoidable, leading to serious injuries and damage. For more information on these incidents and who can be held responsible, continue reading and speak with a Monmouth County bicycle accident lawyer today.
What is “Dooring?”
“Dooring” is the common term developed for an incident where a person inside a vehicle opens a door directly into the path of an oncoming cyclist. Unlike many types of collisions, dooring accidents usually happen when the car is stationary and parked, making them unexpected and extremely dangerous for cyclists. Individuals biking in a designated bike lane or close to parked cars to avoid traffic may have no time to safely stop or swerve before striking the door or being forced into traffic to avoid it.
Because cyclists lack the protection of an airbag or the body of a vehicle, biking incidents are inherently dangerous. Even low-speed impacts can cause a rider to go over the handlebars and land on hard pavement. Alternatively, the cyclist may swerve into moving traffic in an effort to avoid the door and sustain even more catastrophic injuries.
Dooring usually happens because someone simply failed to look before opening the door of the vehicle. Common scenarios where a dooring accident may occur include drivers in a rush to run errands, rideshare passengers rushing out of their Uber, delivery drivers making frequent stops, and people preoccupied by their phones or other distractions.
Who is Responsible for Dooring Bicycle Accidents in NJ?
Many states have designated dooring laws that prohibit drivers and passengers from opening a car door unless it is reasonably safe and will not impede traffic. While New Jersey does not have this type of law, personal injury negligence regulations still apply.
The person who opens a vehicle door into traffic or a bike lane can be held liable for negligence if they fail to ensure that they will not endanger others by opening their door. If the driver opens the door without checking for cyclists, they are typically responsible. However, a passenger can be held liable if they caused the accident. The driver can still be held partially responsible, even if it is a passenger’s fault, if they failed to choose a safe location to pull over or let passengers out.
Can the Cyclist Be Held Liable?
Under certain circumstances, the cyclist could be found partially responsible for a dooring accident. New Jersey operates under a comparative negligence system, meaning that if the bicyclist was reckless by weaving in and out of parked cars, was not in a bike lane when one was available, was distracted by their phone, etc., they could be assigned a portion of the blame. However, they can still recover compensation as long as they are not more liable than the other party.
To learn more and secure legal representation, reach out to a skilled attorney today.
