Cyclists and motorcycle riders in New York City live with the risk of dooring every day. If you have been harmed in a dooring accident, the attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP can help you claim compensation for the injuries and losses suffered.
What Is “Dooring” and Who Is At Risk?
In a bustling metropolis such as New York City, one of the most troubling threats to cyclists and motorcycle riders is “dooring.” A dooring accident occurs when a cyclist is hit by somebody opening a vehicle door and is often caused by a motorist failing to look. Sometimes, the cyclist will swerve to avoid an opening door and consequently move onto the path of oncoming traffic, resulting in serious injury or death.
The actions of others on the road can be difficult to predict. Regardless of how careful you are, you are at risk of being hurt in a dooring accident if you ride a bicycle or motorcycle.
Most Common Dooring Injuries
Due to the relative lack of physical protection cyclists and motorcycle riders have compared to people in cars, dooring injuries can be severe and debilitating. In our experience, the types of injuries witnessed as a result of dooring include but are not limited to:
- Fractures, dislocations, and sprains
- Internal bleeding and organ damage
- Traumatic brain injury
- Spinal cord injury
If you are injured in a dooring accident, it is vital to call 911 immediately as the extent of your injuries may not be apparent at first. If your physical condition allows you to do so, we recommend taking photos of the bike, car, and door. Ask for contact details of the driver, passengers, and any eyewitnesses. Also make sure to collect the car’s license plate number and driver’s insurance details.
Afterward, you should promptly speak to a personal injury lawyer about your case because you may be entitled to compensation.
Dooring and The Law
Dooring directly violates the laws of New York City and New York State. According to section 1214 of the Vehicle and Traffic Law, “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.”
Section 4-12(c) of the New York Codes, Rules and Regulations states that “no person shall get out of any vehicle from the side facing on the traveled part of the street in such a manner as to interfere with the right of the operator of an approaching vehicle or a bicycle.”
If a driver or passenger fails to follow the rules above, they may be liable. The injured cyclist or motorcycle rider can file a claim or lawsuit to recover compensation.
Compensation for the victim can include the cost of medical bills, pain, and suffering, and past and future lost income as a result of the accident. If the victim dies as a result of the accident, their surviving spouse or family may choose to file a wrongful death lawsuit.
Injured In a Dooring Accident? Talk To an Experienced Attorney Today
Dooring accidents can seriously harm cyclists and motorcycle riders. However, the legal aspects of such accidents can be complex, and it is essential to discuss your situation with an attorney specializing in this area. If you or a loved one has been injured in a dooring accident, the experienced personal injury attorneys from Wingate, Russotti, Shapiro, Moses & Halperin, LLP can help to determine your next steps. Call us at (212) 986-7353 today for a free consultation.