What should you do if you’ve been involved in a dooring incident?

Dooring, a collision between a cyclist and the door of a motor vehicle, is a very serious issue. What may at first seem like a minor incident can have massive and long-term consequences for the cyclist. When a dooring accident occurs, there are a number of steps you should immediately take, regardless of whether youre the person on the bike or behind the car door.   

Tips for the dooring victim 

If youre a cyclist and youve just been hit by a car door, paying attention to detail in the aftermath might be easier said than done. But it can also be very important.

In the event of a dooring incident, if youre able, first get yourself and anyone else out of further harms way and move your bike off the road. Certainly, if youre seriously hurt and concerned about potential spine injuries, dont move. If you require medical attention, call an ambulance (or have someone else, such as the motorist, do it). Its key to call the police to report the incident, too.

While you wait for the police to arrive, ask for the details of the person who doored you; this may be a driver or a passenger. Its important to get the following:

  • name
  • address
  • phone number
  • drivers licence number
  • car registration, and
  • insurance information.

If there were any witnesses, youll also want to find them and exchange contact details with them. Getting a bystanders take on the incident can be crucial later, especially if it comes down to your word against the motorists.  

Next, be sure to take some notes and photographs. Record the time and location of the dooring and jot down any other information you have from the incident scene. Take pictures of any damage to your bike or the other vehicle, as well as of your injuries (if there are any).

When the police arrive, tell them your version of what happened with as much detail as possible. Be sure to get a copy of the police report.

Once youve spoken to police, seek medical attention if necessary. As soon as possible, visit a bicycle shop for an assessment and estimate of your bikes damage.

Following the incident, you have a number of options. You can:

  • do nothing
  • request payment of damages directly from the motorist, or
  • seek legal advice.

Tips for the car driver or passenger 

Much of the advice for bicyclists applies to motorists in dooring incidents as well. The motorist should:

  • first and foremost, check the cyclist for injuries and call the police and an ambulance if necessary
  • exchange contact details with the cyclist and any witnesses, and
  • take notes and photos.

Proving a driver or passenger is at fault

With dooring, the basic assumption is that the driver or passenger didnt take due care when opening the door. But, as always, there are two sides to every story. The person in the motor vehicle may say, My door was open; you rode up and werent looking, whereas the cyclist may say You opened the door too quickly; I didnt have a chance to stop. This is why the timing of the door opening becomes critical in determining who should have taken more care.

Property damage

The contact details of the driver or passenger at fault become very important if a cyclist wants to lodge a property-damage claim after a dooring incident. If you or a witness dont get those details, you unfortunately have no avenue to pursue a property-damage claim, because its a claim directly against that person.

Peter: A case study

My client, Peter, came to us after being doored by a motor-vehicle passenger while cycling on Lygon Street in Melbourne. The passenger, who was unaware that there are road rules against dooring, denied liability at the scene. Peters injuries werent immediately apparent, so he just went home. A short time later, not feeling well, he rang Victoria Police, who told him to report the incident in person. At the station, the police declined to write up a formal report, as he didnt look injured and didnt seem to have much property damage.

Peter decided to seek legal advice. He went to hospital the next day and shortly afterwards learned he would need a shoulder reconstruction. Peter had injured his dominant arm, and because he was an architect who required fine motor skills for his job, he was unable to work for months. From a legal perspective, this case concerned us because Peter might have chosen not to report the incident to police. Luckily, he did eventually report the dooring and the car passenger was found at fault.  

TOPIC: Road rights
RELATED LEGAL SERVICES: Road accident injuries

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Alice Lau

Maurice Blackburn Dandenong
Alice Lau is a Senior Associate in Maurice Blackburn’s Victorian road accident injuries compensation practice, working in the Dandenong office. She is a Law Institute of Victoria personal injury accredited specialist. Alice has a thorough understanding of the TAC compensation system, with more than nine years’ experience as a solicitor. She has many notable achievements, and has successfully resolved the vast majority of her clients’ claims without needing to go to court. When a case does need to go to court, Alice also has extensive experience litigating in the County Court, Supreme Court of Victoria and the Victorian Civil and Administrative Tribunal (VCAT). “I was attracted to Maurice Blackburn’s values and the desire to practice law for the benefit of those who need legal redress,” says Alice. “My clients are people who have suffered road trauma and are trying to deal with a system which can be complicated and unfair. I became a lawyer because I am stubborn, love to win a good debate and am passionate about using the law to help people. I often think about the support and legal expertise I would expect if my parents or loved ones were in that situation, and that’s how I aim to look after my clients.” Alice graduated from Melbourne University with Bachelor degrees in Psychology and Law. She is a tenacious and empathetic legal practitioner who is inspired by her clients and is determined to help them overcome obstacles when dealing with bureaucratic systems and insurance companies. Alice finds great reward in the successful resolution of a claim, and in knowing that although compensation can never change what has happened to her clients, it will make a positive difference to their lives now and in the future. “It is extremely frustrating that a scheme like the TAC, which is funded by the Victorian public and which is supposed to support those injured on the road, can be so difficult for those same people when obtaining compensation and support. And that’s what really makes me stand up and fight even harder.”  Accreditations and memberships Law Institute of Victoria member Law Institute of Victoria personal injury accredited specialist Australian Lawyers Alliance member Maurice Blackburn Cultural Diversity Committee member Victorian Women Lawyers member ...

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