Cyclists are one of the most vulnerable road users as they do not have much protection from bodily injury and also are more difficult to see on a road compared to larger motor vehicles.
One of the frequent causes of serious cycling injuries is an accident involving the opening of car doors into the path of a cyclist. When this happens it can result in the cyclist either hitting the door or suddenly swerving to avoid this, which puts the cyclist in danger of colliding with another vehicle instead.
The consequences of accidents involving the opening of car doors can be catastrophic and tragically can lead to some cyclists losing their lives. Cyclists are particularly vulnerable to suffering serious injuries like brain injuries, spinal injuries, amputations and serious fractures.
Claiming compensation if you are hit by the opening of a car door while on your bike
Cyclists injured as a result of a car door being opened negligently may qualify for compensation. In order to prove negligence against the other person, you will need to prove:
The person who opened the door owed you a ‘duty of care’.
All road users, including passengers, have a duty to take reasonable care and not injure other road users.
- The person who opened the door breached their legal duty.
When someone opens their car door without checking for other traffic or cyclists first, they are likely to have breached their duty of care.
- You have suffered injuries as a direct result of the car door being opened.
How can you prove you were hit by an opening car door whilst cycling?
The more evidence you can provide, the stronger your case will be. In open door cases it is not unusual for ‘contributory negligence’ to be raised, which means that the third party may raise that the cyclist’s own actions or inactions have in some way contributed to the accident occurring. It is therefore important to gather evidence as soon as possible.
Examples of evidence that could support your claim are:
- Witness accounts
- CCTV and dashcam footage.
- Photographs
- Medical Records
If you are a cyclist and have been injured as a result of a car door opening, please do not hesitate to contact our personal injury specialists on 0161 696 6235 or complete our enquiry form and a member of our team will be in touch as soon as possible.
Blog author: Kathryn Horton, Paralegal
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