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.

These accidents occur when the occupant of a parked vehicle opens one of its doors suddenly and strikes a passing cyclist. This is a relatively common sight on the busy streets of New York.

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."

New York City has additional laws on the books concerning parked cars and opening doors without paying proper attention. The rights of approaching cars and cyclists take precedence over your exit from a parked car.

This law is designed to protect cyclists and to outline a driver's legal responsibility. If you have been the victim of such an incident, and the offending driver is unwilling to accept responsibility, you may need to consult with a knowledgeable lawyer. You should do it as soon as possible while there is still evidence, and the incident is still fresh in the minds of witnesses on the scene.

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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