Cycling is one of Florida’s most popular forms of transportation, whether for commuting purposes, health, or fun. With warm weather year-round and increased designated bike lanes, more cyclists are sharing the road with vehicles each day. Unfortunately, this also means an increased risk of accidents and injuries. One of the most common and dangerous hazards cyclists can face is dooring accidents. To learn more about what bicycle dooring accidents are and who can be held responsible, read on and work with a skilled Panama City bicycle accident attorney today.
What is a Bicycle “Dooring” Accident?
“Dooring” occurs when someone opens the door of a car or vehicle into the path of a bicyclist, causing the cyclist to either collide with the door or swerve out of the way. They often do not have enough time to react and stop to avoid the hazard. Even if they manage to swerve out of the way, they often divert into moving traffic, which can pose an even greater risk.
Dooring accidents often occur when drivers exit their vehicles without checking their mirrors, rideshare passengers get out quickly, delivery vehicles make frequent stops along busy streets, or passengers are distracted. The risk of a dooring accident increases when bike lanes are placed between sidewalks and metered parking spots. However, this is often the only place for a bike lane, especially in big cities.
Who Can Be Held Responsible for Bicycle “Dooring” Accidents in FL?
The party considered responsible for a bicycle dooring accident in Florida will depend on the specific details of the incident. Generally, the driver or passenger exiting the vehicle will be held liable for the resulting damages. Under Florida Statute § 316.2005, “No person shall open any door on a motor vehicle 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.”
Under this statute, it is against the law for a person to open the door of a vehicle without ensuring that it is safe and that it will not impede traffic, which includes bicycles. If someone opens their door into a cyclist’s path, they could be held legally responsible for the crash due to their negligence.
Cyclists could be considered partially at fault for a dooring accident as well. Florida imposes a modified comparative negligence system, meaning that more than one party can be considered responsible for an incident and the resulting damages. As long as the cyclist is not more than 50% liable, they can still recover compensation, though their damages will be reduced by the percentage of fault they are assigned.
Dooring accidents can be extremely dangerous, so it is important that you understand your legal rights and options. Reach out to a skilled attorney for more information today.
