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If you get doored, who's at fault?

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If you get doored, who's at fault?

Old 06-19-20, 08:52 AM
  #26  
livedarklions
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Originally Posted by Jim from Boston
I have posted myself about similar close occurences.

In the case of the bus, this wasn't even a stopped vehicle, the car situations generally involve someone stopping and hopping out almost instantaneously. So far there's been time to scream, but it was really close.
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Old 06-19-20, 01:14 PM
  #27  
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Anybody who blames the cyclists for being in the door-zone is absolving all drivers of their responsibility to look before opening the doorm

Furthermore, such logic is what bad drivers use to argue that bicyclist don't belong on the road in the same lane with them.

So it's the driver's fault. A cyclist can take all the precautions he can but it's all negated by a driver who isn't paying attention as he should when he accepted his drivers licence.
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Old 06-19-20, 01:19 PM
  #28  
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I'm not a lawyer, but this law firm says it's the driver's fault in Wisconsin.

https://www.griessmeyerlaw.com/wisconsin-bicycle-laws
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Old 06-19-20, 02:16 PM
  #29  
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Originally Posted by Iride01
IMO, that's why there shouldn't be a bike lane.
Maybe. But cyclists were being run down when forced to share lanes with 4,000lb. passenger cars. Bike lanes are now a thing. A big thing. They aren't going away. As I understand it, the QWERTY layout of your computer keyboard is not the best way to lay out keys on a keyboard. It was done to slow typists down so that the primitive mechanisms of the day could keep up. Now that we have better mechanicals in our keyboards we 'could' move to more efficient keyboard layouts. Not happening. People adapt. The majority adapt.
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Old 06-19-20, 02:52 PM
  #30  
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Originally Posted by Gresp15C
I'm not a lawyer, but this law firm says it's the driver's fault in Wisconsin.

https://www.griessmeyerlaw.com/wisconsin-bicycle-laws
Well AFTER the Wisconson statute 346.94(20) took effect, rather than ticketing the driver, my friend was ticketed for violating 346.07(2) - failure to pass with a safe distance.

Luckily his injuries were minor, though the seat tube of the bike of all things did not fair well.

-mr. bill
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Old 06-19-20, 03:24 PM
  #31  
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Watch out for parked '73 Impala Sport Coupes, the doors are larger & heaver than some modern cars.


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Old 06-19-20, 03:43 PM
  #32  
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Watch out for Unicorns too. I hear their rainbows temporarily blind.

-mr. bill
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Old 06-19-20, 03:48 PM
  #33  
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Driver...

I got doored when I was 18... the door zone on a 1980s Camaro belinetta is the other side of the street. We made eye contact, I watched him get in the car and close his door ...only to open it again. The rest is history and permanent damage to my right hand middle finger.
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Old 06-19-20, 04:03 PM
  #34  
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If the other guy has a better lawyer, then it's your fault.
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Old 06-19-20, 04:28 PM
  #35  
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Originally Posted by mr_bill
Well AFTER the Wisconson statute 346.94(20) took effect, rather than ticketing the driver, my friend was ticketed for violating 346.07(2) - failure to pass with a safe distance.

Luckily his injuries were minor, though the seat tube of the bike of all things did not fair well.

-mr. bill
Yes, my google search located an article about this too. This web page pretty much says: Take the lane.

https://wisconsindot.gov/Pages/safet...ike/rules.aspx
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Old 06-19-20, 06:06 PM
  #36  
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Originally Posted by Daniel4
Anybody who blames the cyclists for being in the door-zone is absolving all drivers of their responsibility to look before opening the doorm

Furthermore, such logic is what bad drivers use to argue that bicyclist don't belong on the road in the same lane with them.

So it's the driver's fault. A cyclist can take all the precautions he can but it's all negated by a driver who isn't paying attention as he should when he accepted his drivers licence.
If a bicyclist took "all the precautions he can" then the bicyclist would NOT be riding in the door zone. Expect the unexpected? That means expecting a door to be opened if you are in the door zone. Seeing what the consequences can be for getting doored = serious injury or death, I just stay out of the door zone. It doesn't matter to me if the driver is at fault or not for not looking before opening the door. If I get doored and knocked down into a traffic lane and a vehicle then drives over my head killing me (as happened not too long ago to a bicyclist) the driver being at fault is not going to bring me back to life or cure my injuries.

Ride in the door zone if you want to but please do realize that doing so near stopped or parked vehicles is quite dangerous the the bicyclist doing so.

Cheers
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Old 06-19-20, 06:38 PM
  #37  
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Originally Posted by mtb_addict
wow! the video makes a good point about your instinctive reaction is to swerve away from a sudden door opening. In which case, you swerve into traffic...which might be worse than geeting doored.
You mean like these bicyclists?

https://www.nsnews.com/news/north-va...ath-1.23882978

https://www.cbc.ca/news/canada/briti...laid-1.5209489

https://wakefordlaw.com/accident-new...pens-car-door/

https://www.nydailynews.com/new-york...ticle-1.191836

https://abc7news.com/tess-rothstein-...treet/5187451/

Many in this list too.

https://bicyclesafe.com/doorprize.html

It's why I refuse to ride in the door zone.

You can search YouTube with: bicyclist killed by opening car door

Cheers
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Old 06-19-20, 08:58 PM
  #38  
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I'd consider a dooring incident my fault, whether I was exiting my car or riding my bike. It's not difficult to avoid either.
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Old 06-19-20, 09:05 PM
  #39  
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The driver is at fault.

​​​​​​But your real concern is (should be) to avoid being doored in the first place.

Since you have no control over what door openers do, you have to position yourself out of the space that doors can be opened into.

If you are doored, you've already lost. Maybe, even dead.

Finding fault is a minor way to improve a bad situation. It's kind-of too late.
​​​​​
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Old 06-19-20, 09:12 PM
  #40  
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The problem with "fault" is that it's either a legal or moral distinction applied after the damage has been done. And safety involves what you do before the damage can be done. So they are unrelated to one another. I take heed of my mom's advice when she taught me to ride a bike, and later, to drive: "Always assume the other drivers are blind idiots."
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Old 06-20-20, 12:27 AM
  #41  
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Originally Posted by Miele Man
Here was the situation.

Two lanes eastbound. Stopped car in the right lane. Bicyclist or other vehicle should move into the left lane to pass the stopped vehicle. Bicyclist elected to stay in the right land and squeeze by the stopped vehicle. Door of stopped vehicle opens and bicyclist runs into and is catapulted off the bicycle and over the door. Had the bicyclist been a motor vehicle he's have been in the wrong for not moving into the adjacent left lane in order to pass the stopped vehicle.
Ah, well. That's a horse of a different color.

Two lanes, and vehicles in the one lane decide to "squeeze by" anyway, failing in their duty as vehicles on that roadway. Whether a bike or skateboard or car, you're right, shouldn't matter: attempt to squeeze two vehicles into a single lane, where anyone in that single lane is thinking there's zero chance of an in-lane attempt at a pass ... well, that pretty much puts the owness on the one attempting the squeeze. In that case, the cyclist.
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Old 06-20-20, 04:39 AM
  #42  
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Originally Posted by Miele Man
You mean like these bicyclists?

....

It's why I refuse to ride in the door zone.

You can search YouTube with: bicyclist killed by opening car door

Cheers
Do you refuse to ride near other cyclists?

In your your rushed distasteful zeal to google that stuff....

“Police say a driver was parked in the curb lane on the north side of of West Esplanade on Jan. 27, when he is alleged to have opened his door into the adjacent bike lane, which set off a chain reaction crash, hitting one westbound cyclist who then crashed into McIntosh.

-mr. bill
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Old 06-20-20, 06:50 AM
  #43  
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It's always the other scenarios that are more legally interesting...

- passenger getting out of a car
- passenger getting out of a cab or Uber
- passenger opening kerbside door of a stationary car that is in a traffic lane (ie not parked, just held up by traffic)

and so on.
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Old 06-20-20, 09:09 AM
  #44  
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Originally Posted by JonnyHK
It's always the other scenarios that are more legally interesting...

- passenger getting out of a car
- passenger getting out of a cab or Uber
- passenger opening kerbside door of a stationary car that is in a traffic lane (ie not parked, just held up by traffic)

and so on.

(In case not available in your jurisdiction, trailer to Lady Bird Movie.)

Slightly more likely than a Close Encounter of the 1973 Chevy Impala Kind.

-mr. bill
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Old 06-20-20, 11:27 AM
  #45  
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I ride fixed in urban areas ... bike lanes are "advisory" to most cars ... getting doored is on me but there are some things that you just can't expect
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Old 06-20-20, 02:51 PM
  #46  
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Originally Posted by Miele Man
If a bicyclist took "all the precautions he can" then the bicyclist would NOT be riding in the door zone. Expect the unexpected? That means expecting a door to be opened if you are in the door zone. Seeing what the consequences can be for getting doored = serious injury or death, I just stay out of the door zone. It doesn't matter to me if the driver is at fault or not for not looking before opening the door. If I get doored and knocked down into a traffic lane and a vehicle then drives over my head killing me (as happened not too long ago to a bicyclist) the driver being at fault is not going to bring me back to life or cure my injuries.

Ride in the door zone if you want to but please do realize that doing so near stopped or parked vehicles is quite dangerous the the bicyclist doing so.

Cheers
Of course he should not be riding in the door zone to begin with. However, how far out should he be riding and then getting side-swiped on the left by an inattentive bad driver? To avoid that, take the lane and then get other types of drivers annoyed and try to bully you out of the way. It goes on and on and it all depends upon the driver you encounter.

So again, it's the drivers' fault.
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Old 06-20-20, 07:52 PM
  #47  
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Originally Posted by Daniel4
Of course he should not be riding in the door zone to begin with. However, how far out should he be riding and then getting side-swiped on the left by an inattentive bad driver? To avoid that, take the lane and then get other types of drivers annoyed and try to bully you out of the way. It goes on and on and it all depends upon the driver you encounter.

So again, it's the drivers' fault.
First, even if it's the driver's fault it does NOT help a bicyclist who gets doored, knocked down into the traffic lane, and t hen run over and seriously injured or killed. That bicyclist is still seriously injured or dead.

Second. The videos I posted links to upthread show how far out fro a stopped/parked vehicle a bicyclist needs t o be in order to avoid the door zone.

Third. From what I can find, it seems t hat there are a LOT more bicyclists who get doored (injured or killed) than there are bicyclists who get side-swiped because the bicyclist is out of the door zone.

Cheers
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Old 06-20-20, 08:58 PM
  #48  
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Generally the driver because the bicycle is moving on the street whilst the car is parked. It would be the driver's responsibility to make sure if it is safe to open the door. Now if the bicycle is on a sidewalk then I would say it would be the bicyclist's fault as the bike is not allowed to be ridden there.
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Old 06-21-20, 06:33 AM
  #49  
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You claim to be living in a former British colony in Asia. Look up the local law.
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Old 06-21-20, 03:14 PM
  #50  
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