First Trail Verdict Assigning 100% Fault To The Passenger Who Did The Dooring
03-24-21, 06:21 PM
#1
Cop Magnet
Thread Starter
First Trail Verdict Assigning 100% Fault To The Passenger Who Did The Dooring
https://www.bikelaw.com/2021/03/dooring-bicyclist/
While such a verdict should have been delivered years ago, it's a big win because it establishes a legal precedent that cyclists should not be assigned any fault for being doored when they are riding lawfully. It may also make insurance companies wary, because Allstate was ordered to pay 18 times the amount they originally offered to settle. That amount wasn't disclosed in the article, but I can't imagine it's small.
While such a verdict should have been delivered years ago, it's a big win because it establishes a legal precedent that cyclists should not be assigned any fault for being doored when they are riding lawfully. It may also make insurance companies wary, because Allstate was ordered to pay 18 times the amount they originally offered to settle. That amount wasn't disclosed in the article, but I can't imagine it's small.
Likes For JW Fas:
03-24-21, 08:06 PM
#3
For The Fun of It
Join Date: May 2007
Location: Louisissippi Coast
Posts: 5,845
Bikes: Lynskey GR300, Lynskey Backroad, Litespeed T6, Lynskey MT29, Burley Duet
Mentioned: 12 Post(s)
Tagged: 0 Thread(s)
Quoted: 2134 Post(s)
Liked 1,643 Times
in
825 Posts
Good stuff. I am a member of a local advocacy (sort of) Facebook group that the attorney posts on.
03-25-21, 12:13 PM
#4
Senior Member
Join Date: Jan 2010
Posts: 39,204
Mentioned: 211 Post(s)
Tagged: 1 Thread(s)
Quoted: 18395 Post(s)
Liked 15,468 Times
in
7,309 Posts
Absent a court ruling that, as a matter of law, there can be no contributory negligence on the part of the cyclist in a dooring case due to the state statute cited, the verdict is not really precedential. It's a win in this case, but it does not mean a jury in a future dooring case cannot find the cyclist to be at fault.
Any such ruling would likely have to come from at least an appellate level court, if not the state's highest appeals court. That is because trial court rulings on legal questions are typically not binding on other trail court cases. Indeed, it's not unheard of for mid-level appeals courts to rule differently on a the same question of law in two different cases. When that happens, a state's highest level appeals court sometimes takes a case raising the issue to resolve the issue one way or another. Its ruling is binding on all lower courts.
Any such ruling would likely have to come from at least an appellate level court, if not the state's highest appeals court. That is because trial court rulings on legal questions are typically not binding on other trail court cases. Indeed, it's not unheard of for mid-level appeals courts to rule differently on a the same question of law in two different cases. When that happens, a state's highest level appeals court sometimes takes a case raising the issue to resolve the issue one way or another. Its ruling is binding on all lower courts.
Last edited by indyfabz; 03-25-21 at 05:02 PM.
03-25-21, 02:29 PM
#5
Senior Member
Join Date: May 2017
Location: Northampton, MA
Posts: 1,909
Bikes: 36" Unicycle, winter knock-around hybrid bike
Mentioned: 15 Post(s)
Tagged: 0 Thread(s)
Quoted: 930 Post(s)
Liked 393 Times
in
282 Posts
A bit different than the classic dooring where cyclists ride too close to cars parked by the curb.
Legal determinations aside, in practical terms it's another thing to keep in mind when filtering forward or passing a car on the right.
Stopped and even slowing cars should be seen as red flags of concern - especially if you're contemplating going by them on their right.
The important kind of victory is making it home unscathed.
Likes For UniChris:
03-31-21, 12:40 PM
#7
Senior Member
Join Date: Sep 2013
Location: Massachusetts
Posts: 4,530
Mentioned: 34 Post(s)
Tagged: 0 Thread(s)
Quoted: 2112 Post(s)
Liked 663 Times
in
443 Posts
I guess you aren't paying much attention. The details are the a car stopped in the bike lane leaving space between it and the car parked at the curb. The person that was doored went between those cars.
Now pay attention! I WOULD HAVE NEVER PASSED A PARKED CAR ON THE RIGHT in this situation. 2 cars side by side? Honestly, only and idiot would have squeezed between. I like any other vehicle on the road, would have looked back, made sure it was safe to the left then went around.
Now pay attention! I WOULD HAVE NEVER PASSED A PARKED CAR ON THE RIGHT in this situation. 2 cars side by side? Honestly, only and idiot would have squeezed between. I like any other vehicle on the road, would have looked back, made sure it was safe to the left then went around.
I'm guessing you've never ridden a bike in New Orleans? (Let alone on St. Peters St.)
-mr. bill
Last edited by mr_bill; 03-31-21 at 12:51 PM.
03-31-21, 01:54 PM
#8
Senior Member
Join Date: May 2017
Location: Northampton, MA
Posts: 1,909
Bikes: 36" Unicycle, winter knock-around hybrid bike
Mentioned: 15 Post(s)
Tagged: 0 Thread(s)
Quoted: 930 Post(s)
Liked 393 Times
in
282 Posts
The cyclist was riding the sharrows in the right lane and was passed on the left by a vehicle which stopped, but it's unclear in which lane it stopped.
Most are probably thinking it pulled back to the right to stop, effectively double parking.
I've been unable to find anything more complete than the blog article, such as the court record it has pictures from.
Most are probably thinking it pulled back to the right to stop, effectively double parking.
I've been unable to find anything more complete than the blog article, such as the court record it has pictures from.
03-31-21, 01:58 PM
#9
Senior Member
Join Date: May 2018
Location: Fargo ND
Posts: 898
Bikes: Time Scylon, Lynskey R350, Ritchey Breakaway, Ritchey Double Switchback, Lynskey Ridgeline, ICAN Fatbike
Mentioned: 2 Post(s)
Tagged: 0 Thread(s)
Quoted: 463 Post(s)
Liked 546 Times
in
306 Posts
Mr. Bill, UCTT:
RTFL!
One part of me is thinking too bad it wasn't something heavy going by that would have torn the door off the stopped car while not injuring the passenger or being damaged itself.
RTFL!
A dark sedan then passed on Buena’s left. The car stopped just ahead of her. She continued riding and started to pass the car on its right. As she went to pass, the passenger opened the front door directly in front of her. The edge of the door caught Buena on her left shoulder, arm, and leg, throwing her to the right into a parked car.
Sounds like the car stopped in the left lane on a one way street and a passenger opened their door to get out into traffic. The door hit the rider. It is all in the link to bikelaw.com!One part of me is thinking too bad it wasn't something heavy going by that would have torn the door off the stopped car while not injuring the passenger or being damaged itself.
03-31-21, 02:08 PM
#10
Senior Member
Join Date: Sep 2013
Location: Massachusetts
Posts: 4,530
Mentioned: 34 Post(s)
Tagged: 0 Thread(s)
Quoted: 2112 Post(s)
Liked 663 Times
in
443 Posts
Anything in any story about a mad swerve toward the right curb by the driver? Anything about HER swerving right to pass on the right?
-mr. bill
03-31-21, 02:14 PM
#11
Senior Member
Join Date: May 2017
Location: Northampton, MA
Posts: 1,909
Bikes: 36" Unicycle, winter knock-around hybrid bike
Mentioned: 15 Post(s)
Tagged: 0 Thread(s)
Quoted: 930 Post(s)
Liked 393 Times
in
282 Posts
Drivers and pedestrians are substantially motivated by self preservation from the threat they think of, which is motor vehicles.
The problem is they don't think about bikes.
Discharging a passenger from the left lane into the right risks them been hit by the familiar risk of a car. Pulling into the right lane leaves them safe from other cars, so is more common behavior.
The problem is they don't think about bikes.
Discharging a passenger from the left lane into the right risks them been hit by the familiar risk of a car. Pulling into the right lane leaves them safe from other cars, so is more common behavior.
03-31-21, 02:16 PM
#12
Senior Member
Join Date: Sep 2013
Location: Massachusetts
Posts: 4,530
Mentioned: 34 Post(s)
Tagged: 0 Thread(s)
Quoted: 2112 Post(s)
Liked 663 Times
in
443 Posts
Even after a court determined that the dooring was 100% the fault of the motor vehicle driver and passenger, there are those here who can't figure that out.
-mr. bill
Last edited by mr_bill; 03-31-21 at 02:20 PM.
03-31-21, 02:18 PM
#13
Senior Member
Join Date: Sep 2013
Location: Massachusetts
Posts: 4,530
Mentioned: 34 Post(s)
Tagged: 0 Thread(s)
Quoted: 2112 Post(s)
Liked 663 Times
in
443 Posts
In THIS case, do you have ANY reason to believe that your assumption is true?
Remember, the COURT found the DRIVER and PASSENGER 100% at fault.
-mr. bill
03-31-21, 02:26 PM
#14
Senior Member
Join Date: May 2017
Location: Northampton, MA
Posts: 1,909
Bikes: 36" Unicycle, winter knock-around hybrid bike
Mentioned: 15 Post(s)
Tagged: 0 Thread(s)
Quoted: 930 Post(s)
Liked 393 Times
in
282 Posts
We all know that both situations happen, but discharging from the right lane is far more common than the left.
Your basis for believing the car stopped in the left lane seems to be nothing more than assuming that's the only way the court could have found for the cyclist.
Alternate possibility: the cyclist arguably legally but unwisely passed a vehicle stopped in the right lane and/or the company's lawyer was outmatched and made mistakes, something fairly consistent with the disdain the company exhibited for the case.
Your basis for believing the car stopped in the left lane seems to be nothing more than assuming that's the only way the court could have found for the cyclist.
Alternate possibility: the cyclist arguably legally but unwisely passed a vehicle stopped in the right lane and/or the company's lawyer was outmatched and made mistakes, something fairly consistent with the disdain the company exhibited for the case.
Last edited by UniChris; 03-31-21 at 02:51 PM.
Likes For UniChris:
03-31-21, 03:32 PM
#15
Senior Member
Join Date: Sep 2013
Location: Massachusetts
Posts: 4,530
Mentioned: 34 Post(s)
Tagged: 0 Thread(s)
Quoted: 2112 Post(s)
Liked 663 Times
in
443 Posts
I didn't think this needed to be said, but....
....that's a picture from Google's street view. That's not the driver's vehicle (the driver's vehicle was a dark sedan, not a Ford Pickup), and that arrow you've put on the screen is your own fantasy.
-mr. bill
....that's a picture from Google's street view. That's not the driver's vehicle (the driver's vehicle was a dark sedan, not a Ford Pickup), and that arrow you've put on the screen is your own fantasy.
-mr. bill
03-31-21, 03:39 PM
#16
I'm good to go!
Join Date: Jul 2017
Location: Mississippi
Posts: 14,931
Bikes: Tarmac Disc Comp Di2 - 2020
Mentioned: 51 Post(s)
Tagged: 0 Thread(s)
Quoted: 6163 Post(s)
Liked 4,782 Times
in
3,300 Posts
I too have to agree with UCantTouchThis . I wouldn't have put myself in that position. If the car had stopped ahead of me and I had time, I would have passed it on the left as is always considered the correct side to pass on in the USA and other places that drive on the right.
However I do think between plaintiff and defendant, the person opening the door was the more stupid and careless person, and rightfully found liable.
However I do think between plaintiff and defendant, the person opening the door was the more stupid and careless person, and rightfully found liable.
Likes For Iride01:
