Ninety5rpm

chicago.suntimes.com/news/bicyclist-sues-uber-after-passenger-hits-her-with-door-in-lake-view/

I don't know about the merits of the case, but to not let this happen to you, beware of traffic that slows and stops. Just because you're in a bike lane and fully within your legal rights to do so, it does not mean it's smart to continue barreling along carelessly passing a stopped car on its right side. Not only might a passenger suddenly open a door in your path, but the car might suddenly turn right into a side street or driveway.

mr_bill

Any evidence that she was "barreling along carelessly?" Any?

-mr. bill

noisebeam

It is the driver and/or passenger fault, not the cyclist.
But is it so frustrating that cyclists are still riding in door zones and that bike lanes are placed in them.

mr_bill

Ah, the dreaded "DZBL."

But there are sharrows on this block.

-mr. bill

FBinNY 

That wasn't suggested. The OP stated that he didn't know the merits of the case, so a fairer reading would need as a general warning to bicyclists about the danger of being doored by a car stopped in the traffic lane.

Of course, you can read more into it if it suits your purpose.

noisebeam

Yes, I was being general. Even with sharrows it is not the cyclist legal fault. But I wouldn't be upset if the law instead 'said' it was.

All the taxis I've been in lately have large stickers above the drivers side rear door handle saying something like "EXIT ON CURB SIDE ONLY" although that would not be relevant in this case.

FBinNY 

Yes, but this isn't a classic door zone story. The car was stopped in the traffic lane, so it could as easily have happened to a cyclist riding in a bike lane running along the curb, or well out from the door zone.

In fact it could as easily have happened where there's no bike lane. Taxis in NYC routinely stop wide of parked cars so there's room to open the door. The gap is wide enough for a bicycle, and can trap the unwary.

This specific case is very analogous to one where a taxi stops curbside and a passenger exits from the traffic side door without checking first. It happens all the time, and I'm there are legal precedents which should provide some guidance.

noisebeam

That is all that is relevant. It doesn't matter what side, what signs, what lane configuration of the street - before opening the door one must be sure it is safe/clear of moving traffic.

FBinNY 

Yes, that applies to motorists and their passengers.

However, as cyclists, we need to be ready nor only for what others should do, but what they may do.

If I'm riding and get injured, there's little consolation in knowing that it was somebody else's fault .

noisebeam

Exactly. Legally the door opener (or person responsible for the door opener) is at legal fault. But a cyclist is responsible to themselves for being aware of hazards and potential hazards and mitigating them.

FBinNY 

I won't ask why you'd be "barreling down the bike lane" as you come to a red.

But sliding doors won't change anything much, and might make things worse. Instead of hitting a door, you'll be hitting a person exiting, which can make a much more complex legal situation.

BTW - watch your choice of words. if you were doored by someone exiting a car waiting for a green as you describe, and testify "But I never expected a car in the road waiting for the green light to all of a sudden have its door fly open, while I am barreling down the bike lane", you could easily move from plaintiff to defendant.

tyrion

I think sliding doors would be much better. A door can swing open and become a hazard in a fraction of a second, a person can't get out of a car and become an obstacle that fast.

noisebeam

I'm surprised you wouldn't expect that - have you really never seen someone quickly hop out of a car when there is opportunity, such as paused at a red? I also would never barrel down next to any stopped car that can have a door open. That is plain dumb.
I've seen car door open in a wide variety of situations. I've seen people open their door to dump left over ice from their adult sippy cup. I see this a few times a year while waiting in line of traffic. I've even seen open on moving cars as well.

FBinNY 

Better, maybe, much better no. We already have enough examples of cyclists hitting exiting bus passengers, and that HAS to be expected.

Technical changes can help, but ultimately we all (motorists, cyclists and pedestrians) have to be responsible for our "front ends", and move in control, with situational awareness.

I have no problem with filtering past lines of stopped vehicles and do it routinely. But I do so knowing the risks to myself and others, and adjust speeds and my level of alertness accordingly.

In the specific case of the OP, what follows isn't offered as an excuse for the Uber passenger, but the cyclist should have done a quick reality check and asked herself "why is that car stopping?" and considered the possible implications. Her not doing so, doesn't change the legal situation, but had she had her collision avoidance system in peak condition, she might have saved herself some grief.

People make mistakes all the time, that's ALL people ALL the time. We need to be alert at all times, so those mistakes can stay in "whew, that was close" status.

As a cyclist, I may not be happy with the actions of others, but they're not in MY control. The only thing I can control is what I do (and sometimes not even that), so that's where I focus my energy.

noisebeam

My daily commute is mostly along a freeway access road. About once a quarter the freeway fully shuts down due to collision and all the traffic goes along the access road. When this happens it is backed up a full mile between each exit for 7 miles. It has a bike lane which I use. However every time this happens there are a few drivers who pull into bike lane (as the traffic move slowly sometimes these drivers pull into it at low speed as I am approaching) and some who's passengers open doors into the lane, usually dumping something, sometimes to get out and walk ahead and get picked up later. It would be foolish to barrel along in it, sometimes the bike lane is blocked and I filter between the two lanes of near stopped traffic. But none of this bothers me as it provides interest in the daily commute.

Ninety5rpm

The crash.

Ninety5rpm

Yes, that is all that is relevant, legally.

But in terms of a cyclist's own safety, relying on everyone to always do that is perhaps not the best strategy.

Ninety5rpm

Exactly.

Ninety5rpm

I suppose I should read all the comments before responding. My apologies. We're on the same page.

Ninety5rpm

As I noted in the OP, and this is my main point, passing on the right can be hazardous to your well-being. It might be prudent to slow down and/or consider passing on the left, if possible.

FBinNY 

Just as there is no evidence (mentioned) that she was riding recklessly, there's none proving she wasn't. She might have been riding at a safe speed and the door flung open when she was so close that stopping in time wasn't possible.

What's known, based on the report, is limited to a small sequence of events.

1 the car stopped
2 the door was opened into the bike lane
3 the cyclist crashed into it, and was injured.

At this point, everything else is speculation. (until/unless more details are made available)

Whenever I read these accident reports, I ask myself if I would have the same thing happen to me. I like to kid myself that I'm too smart, alert and experienced for that. So, far that experience and alertness kept me safe, but so far only means so far.

raqball

Looking a the Google street view of the area shows a smaller road with a bike lane to the left of roadside parking and one vehicle lane in each direction.

https://www.google.com/maps/place/31...!4d-87.6668151

I agree the cyclist needs to use caution in the instance but since I was not there I won't fault the cyclist who by all accounts, was doing exactly as she was suppose to be doing. Most would assume the Uber was stopped in traffic and would not expect a door to fly open.

The Uber driver, and the passenger who opened the door, are more than likely liable for the incident. The article does not say if the police issued any citations at the scene. Anyone know?

Ninety5rpm

I wouldn't go quite so far as to use the word reckless to characterize passing a stopped car on the right; that would imply fault which I'm not doing.

It is however an easily preventable crash. Passing a car that has stopped (or even slowed) on the right should always be done with extra care.

When I ask myself your question, I know I wouldn't do it. I've trained myself to go on red alert and avoid passing on the right, just as I avoid riding in the door zones of cars parked at the curb.

FBinNY 

But that's exactly what you were doing, when you wrote "The crash", in response to Mr. Bill's query about evidence showing that the cyclist was reckless. Which is why I responded as I did.

We don't need to belabor this, since I think that you and I are basically on the same page here.

There's usually a gap between not being on the ball and being reckless. I don't know enough of the details to make a judgement on that score.

Ninety5rpm

No, not exactly.

I said the crash was evidence that she was barreling along carelessly, not recklessly.

The distinction (for me) is that being careless makes you vulnerable to the mistakes of others (and any crash is ultimately their fault, though preventable if not being careless), while reckless behavior can be the cause of a crash in and of itself.