Injured When A Person Opened A Motor Vehicle Door Into Your Cycle? What Are Your Legal Rights?

By Nelson Cozad


Biking in New York City has become a preferred and modern mode of transportation both in the country setting and along the busy streets of Manhattan and Brooklyn. The benefits of this mode of transportation cannot be overstated. It provides exercise, convenience, and in many cases, speed. Yet, riding a bike in heavy New York City traffic can at times be hazardous.

It is not unusual to see a driver park a vehicle and exit into traffic without looking at what might be in his or her path. It is easy for a cyclist to be badly injured by crashing into the door.

Section 1214 of the Vehicle and Traffic Law of the State of New York addresses the issue of the opening and closing of vehicle doors as follows: "No person shall open the door of a motor vehicle on the side available to moving traffic and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall a 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."

These are New York state laws. New York City has an additional protective statute. It states that no one can get out of the traffic side of any vehicle in such a way that interferes with an approaching bicycle or car.

Local legislators enacted this law to protect people on bikes. They also wanted drivers to clearly understand the responsibility they have to be cautious. If you have experienced a collision with the door of a parked car, you might need to contact a good lawyer. You won't have much time to do it though because evidence can disappear along with cooperative witnesses.

In some cases this is not possible or just overlooked for one reason or the other. Counsel should still be consulted in order to evaluate your prospective case.




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