How Vulnerable Are Cyclists to Accidents and Injuries?
Cycling is a healthy, economical, and eco-friendly way to get around, and often more efficient than driving a car in congested urban areas. On the downside, bicyclists sharing the road with motor vehicles are vulnerable to serious injuries in a collision. As stated by the National Safety Council, the number of preventable deaths from bicycle accidents in the U.S. has increased by 47% in the past ten years. A total of 1,105 bicyclists were killed in traffic crashes in 2022. Negligent motorists can cause bicycle accidents in many ways, of which dooring is one of the most common.
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What Are Dooring Accidents?
Dooring accidents occur when a driver or passenger opens a car door directly into the path of an oncoming bicyclist. When this happens, the cyclist may have a split second to decide which is the lesser of two evils – colliding with the car door or veering into moving traffic to avoid it. The force of a collision with the door of a vehicle can cause a cyclist to be thrown from the bike, which may result in serious injuries, such as head trauma, bone fractures, and damage to the spinal cord. Dooring crashes occur when drivers or passengers fail to check for oncoming cyclists before opening their doors.
What Are the Laws on Dooring in Ohio?
Under the Ohio Revised Code Section 4511.55, cyclists must ride as near the right side of the roadway as practicable while obeying all traffic rules and exercising due care when passing standing or moving vehicles. The proximity to parked vehicles increases the risk of being doored. However, Ohio has also enacted legislation to help protect cyclists. As stated in the Ohio Revised Code Section 4511.70, all motorists are prohibited from opening a vehicle door on the side of moving traffic until and unless it is reasonably safe to do so without interfering with the movement of other traffic. Violation of this law is a misdemeanor offense.
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What Are Some Common Injuries in Dooring Accidents?
Injuries caused by dooring accidents can be severe. The following are some of the most common dooring injuries sustained by cyclists:
- Head injuries: Even when a cyclist is wearing a helmet to protect the head, the impact of hitting a car door can cause traumatic brain injury.
- Spinal injuries: A cyclist may sustain injury to the spine or damage to the spinal cord, which can lead to paralysis or long-term mobility issues.
- Bone fractures: It is not uncommon for cyclists who collide with car doors or are thrown to the ground to suffer fractures in the bones of the arms, legs, collarbone, or ribs.
- Road rash and lacerations: Sliding along rough pavement or hitting the sharp edges of a car door can cause deep abrasions or cuts.
- Soft tissue injuries: Particularly when a cyclist tries to swerve or brace for the impact of the collision, soft tissue injuries such as sprains, strains, and torn ligaments are common in dooring crashes.
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How Is Liability Determined in Dooring Accidents?
In most bicyclist dooring cases, the person who opened the car door into the path of the oncoming cyclist is at fault for the accident. Drivers and passengers have a duty of care under state law to ensure that opening a car door poses a threat to others. However, the fault may be shared in certain cases under Ohio’s modified comparative negligence rule. For example, a cyclist who was speeding or riding too close to parked cars may be assigned a percentage of fault for the crash. An injured cyclist who is not more than 50% at fault for the accident may receive compensation for recovery, but the recovery will be reduced by the percentage of fault. For example, if a cyclist with $100,000 in damages were assigned 10% of the fault for the accident, compensation would be reduced to $90,000.
What Types of Compensation Are Available After a Dooring Accident?
If you have been injured in a dooring accident in Ohio, you may be entitled to file a personal injury claim for compensation. Your damages will depend on the circumstances of your case and the nature and extent of your injuries. The following are common damages in dooring accident claims:
- Past and future medical expenses: This includes emergency care, hospitalization, surgeries, physical therapy, and any long-term rehabilitation related to the accident.
- Lost wages or earnings: You may recover compensation if your injuries prevent you from working or earning a living.
- Loss of future earning capacity: These damages may apply if your injuries caused by the accident result in permanent or long-term disability.
- Pain and suffering: Under Ohio law, cyclists may seek compensation for physical pain and emotional suffering caused by their injuries.
- Property damage: You may be entitled to compensation for repairs or replacement if your bicycle or other personal property was damaged in a dooring accident.
Do You Need a Lawyer for a Dooring Accident in Ohio?
Dooring accidents can lead to serious injuries. It can make all the difference in securing the compensation you deserve to have a skilled personal injury attorney handling your case. Taking prompt action by consulting with an experienced legal professional can help you hold negligent parties accountable and ensure your rights are protected.
At HMW Law, we are committed to providing high-quality legal services to injured bicyclists. We take a team approach to every case we accept so that you will have more than 70 years of combined experience. Contact us at 216-369-1352 if you have been hurt in a dooring accident.
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