Bicycling has grown across Kentucky in the past few years. While cycling is healthy, eco-friendly, and convenient for many, riders can face significant risks, including dooring accidents. Dooring is often unexpected but incredibly dangerous and can result in serious injuries and harm. To learn about who may be liable for a bicycle dooring accident in Kentucky, continue reading and consult with a knowledgeable Pike County, KY auto accident lawyer today.
What is a Bicycle Dooring Accident?
When a driver or passenger opens the door of their vehicle into a bicyclist’s path, it is known as dooring. Depending on the circumstances, cyclists may not have enough time to safely come to a stop and avoid hitting the door or the individual exiting the vehicle. This often results in a dooring accident where the cyclist either collides with the door or swerves to avoid it, causing a secondary collision.
Cyclists often ride at 12 to 20 miles per hour. If they collide with the open door, they could sustain serious trauma from the impact or even flip over their handlebars and land on the hard pavement. If they swerve to avoid the door, they may inadvertently find themselves in moving traffic and could be struck by another vehicle.
Who is Liable for a Bicycle Dooring Accident in KY?
Most dooring accidents are caused by negligence, typically when a driver or passenger fails to check their mirrors before opening a door, does not look for cyclists in bike lanes or on the shoulder, or is distracted or in a rush when exiting the vehicle.
While many states have specific dooring laws explicitly stating that individuals cannot open a door or exit a vehicle without first ensuring that it is reasonably safe to do so, Kentucky does not have a set statute on this topic. However, opening a car door into the path of a cyclist can be considered negligence, and the driver or passenger can be held liable based on this concept.
Kentucky Revises Statutes 189.290 requires drivers to operate vehicles with due regard for safety. Opening a door into traffic without checking that it is safe can be considered a violation of this law. The driver or passenger who opens the door is usually considered liable.
Can the Cyclist Be At Fault?
It is possible that the cyclist is responsible for the accident as well. However, in cases where the cyclist is held responsible, it is usually only for partial fault under Kentucky’s pure comparative negligence system.
If a cyclist was riding too close to parked cars unnecessarily, was not using a bike lane when required, or was distracted, they could be held partially responsible for the accident. However, they can still recover damages even if they were partially at fault. Their compensation will be reduced based on their percentage of fault.
If you were involved in a dooring accident and require legal representation, do not hesitate to contact an experienced attorney today.
