In our 60 plus years of representing injured cyclists in both New York and New Jersey, by far the most common bicycle crash we see is what is commonly referred to as a “dooring” crash. Dooring crashes occur when a cyclist is suddenly and unexpectedly confronted with either the driver or a passenger of a stopped vehicle that opens the car door directly into the path of the cyclist. These crashes often occur without warning, leaving the oncoming cyclist with no opportunity to avoid the collision or lessen the impact. Fortunately, the law in the State of New York is very favorable when it comes to protecting the rights of the injured cyclist in a dooring case. Both New York State Motor Vehicle Traffic Law and New York City Traffic Rules and Regulations provide statutory claims for relief:
New York State Vehicle and Traffic Law – VTL §1214 states: “No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”
New York City Traffic Rules – NYCRR Title 34 § 4-12(C) states: “No person shall get out of any vehicle from the side facing the traveled part of the street in such manner as to interfere with the right of the operator of an approaching vehicle or a bicycle.”
In plain English, this essentially means that car drivers and passengers who cause a bicycle crash by opening their door in front of a cyclist are at fault for the bike crash.
Additionally, since the bicycle crash involves contact with a motor vehicle, No- Fault insurance coverage will be available to cover medical bills in a dooring crash case.
Given our crowded streets and numerous vehicles for hire, dooring bicycle crashes are unfortunately very common and almost impossible to avoid. Fortunately, the bicycle crash Law Firm of Lucarelli & Castaldi, LLP have over 60 years of combined experience litigating bicycle “dooring” and other crash cases. Contact Lucarelli & Castaldi, LLP at 718-556-1800 or info@lucarelliandcastaldi.com 24 hours a day, 7 days a week for an immediate guidance from bicycle crash attorneys Thomas Lucarelli and Philip Castaldi. *Attorney Advertising