08/09/2021 0 Comments
Can a cyclist claim compensation if they have been hit by a car door?
It may seem incredulous but one of the main road traffic accidents we’re alerted to are car doors hitting cyclists.
With the explosion of cycling as a commuting solution and more cycle lanes being opened, more and more cyclists are injured when a driver carelessly opens a door.
All car drivers and car passengers have a duty of care to other road users. They have to be aware that cyclists may be passing and they need to take care when leaving or entering a car.
If you have been injured due to crashing into an open car door you are fully entitled to seek compensation.
Like any compensation claim, a claim involving a car door hitting a cyclist can include a claim that covers pain and suffering, financial losses, travel expenses, medical expenses and any loss of earnings. Of course, if you can prove that there was another loss associated with the accident this can be included in the claim.
Elements of a bike accident claim
What often happens after a bike accident claim, is that the injured party doesn’t seek compensation because they weren’t wearing reflective clothing or didn’t have lights on their bike. While this factor may reduce the overall amount an individual can claim for, they are still within their rights to make a claim. This reduced claim amount is referred to as contributory negligence.
Even in compromised lighting conditions, it is still the responsibility of the person in the car to exercise due diligence when opening a car door.
Another issue that stops a cyclist from seeking a claim is the perception that they were too close to the car. However, it doesn’t matter how close a cyclist was to the vehicle, the duty of care remains with the person opening the door. Even if you were cycling close to the car, the driver or the passenger needs to be careful when opening a door.
If you are a cyclist that’s been injured by a car door, we recommend getting in contact with our team as soon as possible. As professional road traffic accident solicitors in Dublin, we have helped multiple cyclists get compensation following an accident with a car door.