Bicycle Dooring Accidents In Michigan
A bike ride can quickly become dangerous if someone opens a parked car door into a cyclist’s path. These bicycle dooring accidents often happen so suddenly that riders cannot stop or avoid the door in time. Cyclists may hit the door, get thrown from their bikes, or swerve into traffic. Injuries can range from broken bones and head injuries to spinal damage and lasting physical problems. We help injured cyclists in Detroit figure out who was at fault, what insurance might cover, and what compensation is possible under Michigan law.
How Bicycle Dooring Accidents Happen
Dooring accidents usually happen on city streets where cars park next to bike lanes or areas where cyclists ride. Drivers sometimes park, look ahead, and open their doors without checking their mirrors or looking behind them. Passengers can also cause these accidents by opening a door on either side of the car.
The risk is not just from hitting the door itself. Sometimes, a cyclist swerves to avoid the door and ends up in the path of a passing car, truck, or bus. In these cases, the person who opened the door may still be mainly responsible for the crash.
These cases need careful investigation because the person in the car might close the door after the crash, move the car, or deny blocking the cyclist’s path. We look for witnesses, photos, surveillance videos, police reports, vehicle details, and electronic evidence before any of it is lost.
Michigan Law Prohibits Opening A Door Into Traffic
Michigan Administrative Code Rule 28.1498 states that a person must not open a vehicle door in a manner that interferes with or impedes traffic. A violation is treated as a civil infraction. Because bicycles are part of roadway traffic, this rule can provide important evidence when a driver or passenger opens a door into a cyclist’s lawful path.
Michigan State Police also tell drivers to avoid dooring cyclists and to check for traffic before opening a car door. This is a basic safety rule. Anyone opening a door should look for cyclists, motorcycles, and other vehicles before putting something in the way.
Getting a citation can help your injury claim, but not having one does not mean you cannot win your case. We can prove negligence with witness statements, videos, damage to the bike or car, admissions, and other evidence that shows the person in the car did not act carefully.
Michigan Gives Bicyclists Roadway Rights And Duties
Under MCL 257.657, a person operating a bicycle on a roadway generally has the rights and duties that apply to a motor vehicle driver, subject to bicycle-specific rules. A cyclist does not lose legal protection simply because the cyclist was riding beside parked vehicles or traveling in a designated bike lane.
Michigan law also addresses where cyclists may ride. In Michigan, a cyclist generally must ride as close to the right-hand curb or roadway edge as practicable, but the statute recognizes several exceptions. Those exceptions matter in dooring cases because the safest practicable position may require a rider to remain outside the area into which parked vehicle doors can suddenly open.
We look at the road layout, where cars were parked, bike lane markings, traffic patterns, lighting, and where the cyclist was riding before agreeing with an insurer’s claim that the rider should have been farther to the right.
Who May Be Liable For A Dooring Collision?
The person who opened the door may be responsible for the crash. This could be the driver, a passenger, a rideshare customer, or someone getting out of a commercial vehicle, depending on the situation. A driver working for an employer may create potential employer liability when the incident occurs within the scope of employment. A second motorist may share fault if that driver strikes the cyclist after the rider is forced into traffic and had enough time to avoid the collision.
Insurance can get complicated if the person who opened the door does not own the car. We find out who insures the vehicle, who owns it, who was driving, which passenger was responsible, if an employer is involved, and any other possible source of compensation.
No-Fault Benefits And Liability Compensation
A bicyclist injured in an accident involving a motor vehicle may have rights under Michigan’s No-Fault Insurance Act, MCL 500.3101. Depending on the circumstances and applicable priority rules, Personal Injury Protection benefits may help pay allowable accident-related expenses, wage loss, replacement services, and certain care costs.
A separate claim may be available against the negligent person for damages not fully covered through no-fault benefits. Under MCL 500.3135, an injured person may pursue noneconomic damages when the accident causes death, permanent serious disfigurement, or a serious impairment of body function.
A bicycle injury meets this standard if it affects a major body function and changes the person’s ability to live normally. We record not just the medical diagnosis, but also how the injury impacts work, movement, sleep, family life, hobbies, and daily routines.
Comparative Fault Can Affect Compensation
Insurance companies often blame cyclists after dooring accidents. Adjusters might say the rider was going too fast, riding too close to parked cars, wearing dark clothes, or not reacting quickly enough.
Under MCL 600.2959, damages are reduced according to the injured person’s percentage of comparative fault. In motor vehicle tort claims, MCL 500.3135 generally bars noneconomic damages when the injured person is more than 50 percent at fault.
We push back against unfair blame by looking at when the door opened, how fast the cyclist was going, how much room there was to stop, what could be seen, and how the road was set up. A cyclist cannot avoid a danger that appears just before impact.
Injuries And Damages In Michigan Dooring Claims
Dooring collisions can cause wrist fractures, shoulder damage, knee injuries, dental trauma, facial scarring, concussions, spinal injuries, and torn ligaments. Some riders require surgery, implanted hardware, physical therapy, or long-term neurological treatment.
Compensation can cover medical bills, lost wages, reduced ability to earn, pain and suffering, disability, scarring, and loss of normal life, depending on the case and Michigan law. We also look at the cost of a damaged bike, helmet, clothes, electronics, and other belongings.
The Filing Deadline For A Michigan Injury Lawsuit
Under MCL 600.5805, a Michigan negligence action generally must be filed within three years after the claim accrues. No-fault benefit claims may involve separate notice, filing, and reimbursement deadlines. Waiting can also result in lost video, unavailable witnesses, and discarded vehicle records.
We urge injured cyclists to get medical care, report the accident, take photos of the scene, keep any damaged gear, and not give a recorded statement to an insurer until they understand the legal consequences.
Michigan Bicycle Accident Injury FAQs
Can We File A Claim If A Passenger Opened The Door?
Yes. A passenger can be held responsible if they carelessly open a car door into a cyclist’s path. Figuring out insurance and legal issues can be more complex since the passenger might not own the car or have the right policy. We look into what the passenger did, the car’s insurance, the owner’s role, and whether another policy might cover the accident. We do not assume you cannot get compensation just because someone other than the driver opened the door.
What If We Swerved And Were Hit By Another Vehicle?
You do not have to hit the open door directly. If a cyclist swerves to avoid a door and gets hit by another vehicle, the person who opened the door may still be partly responsible. The other driver could also be at fault if they were speeding, distracted, too close, or did not react properly. We use videos, witness statements, damage patterns, and crash scene measurements to figure out how each person’s actions led to the crash.
Can We Recover If We Were Not Wearing A Helmet?
Not wearing a helmet does not automatically stop an injured adult cyclist from making a claim. Who caused the crash is a separate question from whether a helmet was worn. Insurers might argue that not wearing a helmet made a head injury worse, but we look at the medical and physical evidence instead of just accepting that a helmet would have prevented the injury.
What Evidence Should We Preserve After A Dooring Accident?
We should keep the bike, helmet, torn clothes, damaged electronics, photos, medical records, and all communication with insurers. It’s also important to note the exact location, vehicle details, witness names, and any nearby businesses or homes with cameras. Surveillance videos can be erased quickly, so acting fast can help make sure important footage is still available if there is a dispute about who was at fault.
What If The Driver Says We Were Riding Too Close To Parked Cars?
That claim does not prove fault. We check if the cyclist was in a bike lane, avoiding traffic, dealing with road hazards, or riding in a safe and legal spot. We also look at whether the door opened so suddenly that no reasonable cyclist could have stopped. Michigan’s comparative fault law can reduce compensation if the cyclist is partly responsible, but insurers need evidence to back up that claim.
Talk To Ravid & Associates, P.C. About Your Michigan Bicycle Injury Claim
A dooring accident can mean a lot of medical care, lost income, physical limits, and tough insurance battles for a cyclist. We find out how the door got in the way, keep important evidence, figure out who is responsible, and go after the benefits and compensation allowed by Michigan law. Our goal is to help injured cyclists and hold careless drivers, passengers, and others accountable.
Call our Detroit bicycle dooring accident lawyers at Ravid & Associates, P.C. today by calling (248) 948-9696 to receive your free consultation. We help injured clients in Detroit and all over Michigan from our Southfield office. We can look at your case, explain the insurance issues, and see what legal claims you might have.
