Compensation can be claimed if a driver or passenger of a vehicle opens a car door into you whilst cycling or riding a motorbike, causing you to be injured.
There is clear legislation supported by Rule 239 of the Highway Code that you must ensure you do not hit anyone when opening your door. Drivers and passengers of a vehicle both have a duty to ensure that it is safe to open a door of a vehicle before doing so.
If you are injured it is likely you can claim for compensation for pain and suffering, together with financial losses such as loss of earnings and care.
Regardless of how close you are to the vehicle when the door was opened the duty is on the driver or passenger to ensure it is safe to open the door. This is also the case if you were cycling on the pavement.
It is possible that the amount of compensation awarded could be reduced if you were not wearing reflective clothing or lights, if visibility was reduced at the time, or you were riding unsafely in some way (e.g. travelling too fast). This is known as contributory negligence. However, the main responsibility remains on the person opening the car door to take extra care.
If you have been involved in an accident and would like some advice then our specialist personal injury solicitors are on hand to guide you through the process of making a claim, call us on 0161 696 6235 or complete our online enquiry form.
By Sharon Edwards, paralegal
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