Cyclists face serious dangers on New Jersey roads, and one common cause of injuries is what is known as “dooring.” These accidents can lead to severe injuries, medical bills, lost wages, and other damages, both economic and non-economic. If you were involved in a dooring bicycle accident and are wondering who is liable, it is crucial that you consult with an experienced legal professional. Reach out to a Bergen County injury lawyer for more information and skilled assistance today.
What is a Dooring Bicycle Accident?
A dooring accident happens when a driver or passenger within a vehicle opens the car door into the path of a cyclist. Cyclists generally ride either in designated bike lanes, on the shoulder of the road, or as close to the sidewalk as possible to avoid moving traffic. This means they are often only a few feet away from parked vehicles.
When a driver or passenger opens the door suddenly, the cyclist may not have enough time to safely come to a stop. Instead, they could collide with the door, flip over their handlebars, or swerve out of the way and into traffic, where a secondary accident could occur.
Who is Liable for Dooring in NJ?
Several different parties could be considered liable for a dooring accident in New Jersey. In most cases, the person who opened the car door is responsible. While New Jersey does not have a specific dooring law, like many other states do, legislation still requires motorists to use due care to avoid endangering cyclists. Vehicle occupants should use reasonable caution when opening a door into traffic. If they do not and an accident or injury occurs, they could be found negligent and held responsible for the resulting damages.
Even if a passenger opened the door and caused the accident, the driver could be held liable or partially liable, as drivers are often considered responsible for their vehicle and its occupants.
Is the Cyclist Ever At Fault?
There are certain circumstances where the cyclist could be held partially responsible for the incident. In general, the individual who opens the car door is liable because the cyclist has no way of predicting when someone will exit the vehicle and often has limited or no time to react. However, if they were distracted, weaving in and out of parked vehicles, riding somewhere they were not supposed to, or failing to use a bike lane when one was available, they could be assigned a portion of the blame.
Under New Jersey comparative negligence laws, more than one party in an accident can be assigned partial liability for an incident. However, even if the cyclist is somewhat responsible, they can still recover compensation, given that they are not more at fault than the other party.
For more information and to obtain skilled legal advice, reach out to an experienced lawyer today.
