Can I Claim Compensation As A Cyclist Hit By A Vehicle Door?
By Daniel Archer. Last Updated On 7th April 2022. Welcome to our guide on how to claim compensation if hit by a door.
Road traffic accidents involving cyclists have risen over recent years and the number of people who were seriously injured is on the rise too. If you are a cyclist hit by a vehicle door and you were injured, you could be entitled to file for injury compensation, both for your pain and suffering as well as any damages you incurred.
All road users must abide by the Road Traffic Act 1991 which means they must operate a vehicle with due care and attention. Drivers who fail to pay attention to what is going on around them are much more likely to be involved in an accident involving a cyclist. If you were a cyclist injured by a car door and believe the incident could have been avoided if the driver had been paying attention, you could be entitled to file a personal injury claim against them.
To find out how a Legal Expert personal injury lawyer can help establish if you have a strong case and to find out more about accidents caused by open car doors, please click on the Select a Section below. Alternatively, it’s a good idea to speak with one of our specialist advisors today and see how we could help your situation. Call us on 0800 073 8804.
Select A Section
- A Guide To Claiming As A Cyclist Being Hit By A Car Door
- What Is Dooring?
- Dooring And Compensation Claims
- The Law And Dooring Bike Accidents
- Bicyclist Hit By A Car Door Opening Statistics
- What Can A Cyclist Injured By A Car Door Claim For?
- Cyclist Hit By A Vehicle Door Compensation Calculator
- No Win No Fee Cycling Injury Claims
- Speak To Legal Expert’s Team Today
- Helpful Links
Welcome to our guide on how to claim compensation if hit by a door.
There are more cyclists on the road today than ever before which has seen a rise in the number of road traffic accident involving people on bikes increase too. The number of cyclists who sustain mild to extremely severe injuries includes accidents caused by open car doors that are opened in a cyclist’s path causing a collision. However, when a driver opens a car door, all too often a cyclist will swerve to avoid colliding with it which can lead to them being hit by an oncoming vehicle or by another car.
A cyclist can also fall off their bike or hit a stationary object which can also lead to them suffering slight cuts and bruises to more serious head injuries. Road rage is another contributing factor to why bike accidents are on the rise with “dooring” being a real problem throughout the country.
If you are a cyclist hit by an opening car door and suffered a slight or more severe injury, you could be entitled to file a claim for compensation against the driver and a court could rule in your favour awarding you the level of compensation you rightly deserve for the pain and suffering your endured through no fault of your own.
To find out how a Legal Expert personal injury solicitor can help you file a personal injury claim on a No Win No Fee basis, please contact us today.
If you want to claim compensation if hit by a door, let’s first take a look at ‘dooring’ incidents themselves.
The number of cyclists hit by car doors has been seen to rise over the last 10 or so years. Although the exact number is hard to determine what is known is that a cyclist is at risk of being fatally injured when a driver opens a car door without due care and attention.
The Highway Code states in Rule 239 that all motorists must take great care not to hit anyone including cyclists when they open a car door.
This is not a “law” but rather a guide provided by the Highway Code, but under the Road Traffic Act 1988, it is an offence which is clearly stated in the section s.42 and that “endangering a person” does not only mean causing them to collide with a car door but it also covers when a cyclist has to swerve to avoid a collision. This law also applies to passengers who injure a cyclist when they open a car door. In short, the offence of opening a car door applies to passengers too.
The offence of opening a car door and hitting a cyclist or causing them to swerve resulting in injuries, carries a fine of up to £1,000 although a driver would not receive any penalty points on their licence and the case is heard in a Magistrate’s court or a defendant may choose to plead guilty by post. In short, the road traffic act opening car door and hitting a cyclist is an offence.
Is claiming compensation if hit by a door actually possible?
The question of “collision with open car door who is responsible UK” has been hotly debated in the civil court with some defendants questioning whether contributory negligence on the part of an injured cyclist should be taken into account. To date, although it is accepted that a cyclist should be aware that a driver may open a car door in their path once they have pulled over, it would not affect the outcome of their claim should they decide to take a driver to court because it puts a “too high a standard” on them.
Any cyclist hit by a parked car opening the car door and suffering injuries can file for compensation bearing in mind there are many instances where a biker has been seriously injured when they fall off their bike in front of a vehicle that was following them and not because they had to swerve. In some cases, it has resulted in a fatal road traffic accident.
If you suffered injuries as a result of being hit by parked car opening a door, a Legal Expert personal injury solicitor can assess your case with an initial, no obligation, free consultation before advising you on how best to proceed in filing a personal injury claim against a driver. We offer a no obligation, free, initial consultation which allows us the time to assess your case before offering advice on whether you have a strong claim for compensation.
What does the law say about claiming compensation if hit by a door?
In the UK, the legislation clearly sets out that “no person shall open, or cause or permit to be opened, any door of a vehicle on a road so as to injure or endanger any person”. In short, all drivers must operate their vehicles with due care and attention to what is going on around them before opening the door of a stationary vehicle.
The driver must also ensure that all passengers in a vehicle do not open doors without first making sure it is safe to do so, especially as cyclists can undertake stationery vehicles to pass them when they are at traffic lights or when they are waiting at roundabouts and give way signs.
A driver’s insurer may try to reduce the amount of compensation you are awarded for the accident stating that you could have contributed to the incident because you were too close to their vehicle. However, a judge dismissed this argument in a recent case because contributory negligence put too much of a burden on cyclists when it comes to having to predict when a driver may open a stationary vehicle’s car door.
In short, a cyclist hit by a vehicle door can file for compensation and be awarded an amount that suits the injuries they sustained as a direct result of the accident. If you would like to find out more, please contact a Legal Expert personal injury lawyer today.
If you’re wondering whether you could claim compensation if hit by a door, some statistics could help illustrate how common these types of incidents are in the first place.
The number of cyclists hit by an opening car door is on the rise with more bikers being injured on the roads than ever before. The law requires all drivers to check it is safe to open a stationary vehicle’s car door and if they fail to do so, it could result in a cyclist colliding with the door, swerving to avoid it or falling off their bikes causing minor to very severe injuries.
The statistics below provide essential information on the number of accidents involving bikes in 2016 which are known to have risen over the last 2 years.
Child (0-15) Adult All
Killed 8 94 102
Seriously injured 309 3,088 3,397
Slightly injured 1,664 13,314 14,978
What types of compensation if hit by a door could you potentially claim?
Any bicyclist hit by a car door opening who sustained injuries could be entitled to file for compensation and they can also include all out of pocket expenses incurred as a direct result of their injuries. A personal injury lawyer would advise you on what documentation is needed all of which strengthen your claim. The things that can be included in a personal injury claim include the following:
- General damages
- Travel Expenses
- Medical bills, including any treatments that are not available on the NHS and which are needed
- Loss of earnings
- Loss of anticipated earnings
- Care claim
If you would like to know more about out of pocket expenses that could be included in your personal injury claim or more about accidents caused by open car doors, please contact us today and a Legal Expert personal injury lawyer will assess your claim before advising you on the best way forward.
The personal injury claim calculator below is based on Judicial College Guidelines with some examples of how much compensation if hit by a door you may be able to claim. However, every case is unique which in short means that you may be awarded more or less than is indicated in the table below which is given as a guideline only:
Injury Notes Amounts awarded
Hand Injuries Minor hand injuries with recovery within 6 months Up to £4,461
Neck injuries Slight to very severe Up to £139,210
Wrist injuries Minor and undisplaced injuries £3,310 to £4,450
Leg injuries Moderate injuries like multiple fractures £26,050 to £36,790
Foot injuries Severe injuries like fractures of both feet with impact on mobility £39,390 to £65,710
Arm injuries Simple fractures of forearm £6,190 to £18,020
Brain Damage Moderately severe injuries resulting in serious disability £205,580 to £264,650
Spinal injuries Tetraplegia and the like £304,630 to £379,100
Fatal injuries Death with full awareness prior £11,770 to £22,350
Are you interested in seeking legal assistance to help secure your compensation if hit by a door?
At Legal Expert, we offer to work with you on a No Win No Fee basis which means we can start work on your personal injury claim without raising an invoice to do so. There are no “upfront fees or ongoing fees” when you agree to work with a personal injury solicitor with a Conditional Fee Agreement in place.
If you were hit by a parked car opening door and were injured in the process we would assess your case before advising you on the best way forward all the while ensuring you receive the best advice on any time limits associated with this type of personal injury claim.
You would only need to pay for our legal services when a court rules in your favour, bearing in mind that many claims are settled before they even go to court because many defendants in personal injury claims prefer to do so.
Should your case not be successful, there would be nothing to pay when you sign up to work with Legal Expert on a No Win No Fee basis. Contact us today to find out more about our legal services and how we can help you get the compensation you rightly deserve for any pain and suffering you had to endure having been a cyclist hit by a vehicle door.
How to claim compensation if hit by a door FAQs
How can grounds for a claim be established?
Typically, the following must apply to your case:
- A third party owed you a duty of care
- They failed to uphold it
- You suffered as a result
Do I have grounds to claim?
You can contact one of our specialist advisors today for a free consultation, where they can tell you whether you have grounds to make a claim.
How can I prove my suffering?
Typically this is achieved through a medical assessment, from which a medical report can help evidence the extent of your suffering.
What can I claim compensation for?
General damages can be claimed for physical injuries and psychological injuries – and special damages can be claimed for financial losses, such as loss of earnings.
Can you claim compensation for trauma?
Yes, as mentioned above, general damages cover mental injuries as well as physical.
How can Legal Expert help?
Legal Expert can manage the claims process on your behalf and connect you with a panel of personal injury lawyers to win you the maximum compensation you deserve on a No Win No Fee basis. Whatever type of injury or accident you suffered, we could help.
How can a No Win No Fee agreement benefit me?
As you only have to pay your solicitor once they win your case for you, you’ll never have to pay out of pocket. Instead, a small cut of your payout will be allocated to cover their legal fees if they succeed.
How can I contact Legal Expert?
Please continue reading for some information on how you can get in touch.
Are cyclists liable for damage?
It is possible that cyclists can be liable for damage and injuries caused by an accident. However, you would have to prove that the accident was caused by their negligence. For example, they may have behaved recklessly or carelessly on the road and not checked for approaching vehicles before changing position on the road.
Although, it can sometimes be difficult to make a successful claim against a cyclist. This is because there is no law that states that cyclists must have insurance. It’s possible that they have may have a separate policy (such as house insurance) that extends to them cycling. This, however, is not a guarantee.
What is the law on opening a car door?
A cyclist may be able to claim against a driver or passenger if they open a car door into them and cause them to be injured.
Although there is no law to enforce it, the Dutch Reach technique is advised when opening a car door. This recommendation is listed in the Highway Code. This is when the occupant of the vehicle reaches over and opens the door by using the hand furthest from the handle.
By doing this, it can increase the chances of the driver or passenger seeing any cyclists who may be nearby.
If a cyclist crashes into a car, how much compensation will they receive?
This can depend on a few different things. For example, whether or not the cyclist was liable for the accident will need to be established. If they caused the accident, they will not be able to claim.
If they were injured due to someone else’s negligence, then they may be able to claim. However, every claim is unique. Things like the severity of their injuries and the length of their recovery period can affect the value of a claim.
Our door injury claims lines are open Monday through to Friday, 24/7, so a personal injury solicitor can take your call and answer any questions and queries you may have regarding claiming compensation if hit by a door. You can even read our reviews from past claimants.
Our email address is firstname.lastname@example.org A personal injury lawyer will get back to you asap which is typically within 3 hours of receiving your mail.
If you are wondering how to claim compensation if hit by a door, the link below offers a lot of valuable information.
The link below provides useful information about the Road Traffic Act in the UK:
The link below provides useful information on how to stay safe while cycling:
Thanks for reading our guide on how to claim compensation if hit by a door.
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