Many bicycle collisions involve drivers doing something unsafe, such as failing to yield to a cyclist at an intersection. They generally involve two vehicles in motion and are often the result of mistakes on the part of one driver. However, some cycling collisions actually involve a moving bicycle and a stopped motor vehicle. In those cases, there may be questions about fault.
Who is likely responsible when a cyclist in motion strikes a stopped vehicle?
Either party could be at fault
Cyclists must follow the same basic traffic safety laws as anyone else on the road. If a cyclist rear-ends a vehicle because they don’t monitor their surroundings appropriately or fail to leave enough following space, then they may ultimately be at fault for the incident that occurred.
However, many bicycle collisions involving stopped vehicles are actually dooring incidents. Someone inside a stopped vehicle opens the door on the driver’s side of the vehicle into traffic. An approaching cyclist is unable to stop and may end up seriously hurt as a result.
State law clearly requires that vehicle occupants check their surroundings and avoid blocking traffic when opening doors. Generally speaking, dooring incidents are the fault of the people in the vehicle, not the injured cyclist. The cyclist probably can’t stop in time and cannot swerve out of the lane of traffic they occupy without incurring substantial risk.
Reviewing the circumstances leading to a cycling collision – and the injuries that the incident inspired – with a skilled legal team can help cyclists understand their options. A successful insurance claim or personal injury lawsuit could help offset the expenses generated by a recent cycling collision.