Do I have a claim for compensation if a driver of a vehicle opens a car door into me whilst I am cycling or riding my motorbike?
In short, the answer is yes. Both the driver as well as any passengers of a vehicle have a duty to ensure that it is safe to open a door of a vehicle before they do so. If you have been injured as a result of a driver or passenger opening a car door, or ‘car dooring’ as it is often called, then it is likely that you will have a claim for compensation.
Such a claim can include a claim for compensation for any pain and suffering that you have suffered, as well as compensation for any financial losses such as loss of earnings, travel expenses, medical expenses and also a claim for any additional care that you have had. This is not an exhaustive list, and if you can prove another loss linked to the accident, then you should be able to recover it, within reason.
It is clearly stated in legislation that “no person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person”. This is supported by the Rule 239 of the Highway Code which states that ‘you must ensure you do not hit anyone when you open your door’.
Does it matter that I was not wearing reflective gear and/or lights at the time?
It is possible that the amount of compensation that you would receive as a result of somebody opening a car door into you would be reduced if you were not wearing reflective clothing and or/lights, if visibility was reduced at the time because of weather conditions or the amount of light.
However, even so, the responsibility is with the driver/passenger to ensure it is safe to open a car door before doing so and therefore a claim is still likely to be successful.
You may find that your claim could be reduced by a percentage, to reflect the fact that you were not as visible to the person opening the door. This is known as contributory negligence and is dealt with in other blogs we have produced.
Does it matter that I was very close to the vehicle when the door was opened?
No. Regardless of how close you were to the vehicle; the duty is on the driver/passenger to ensure that it is safe to open the car door before doing so. This would be the case even if you were cycling on the pavement.
If you have been involved in an accident whilst on your bicycle or motorbike, please call our experienced team on 0114 218 4000 or email us at info@tayloremmet.co.uk and we will be happy to help.
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