Can I Claim As A Cyclist Hit By A Vehicle Door?
By Lewis Cobain. Last Updated 9th June 2023. 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
- How To Start A Claim If Injured In A Car Dooring Incident
- Evidence To Support Your Cyclist Injury Claim
- What Is Car Dooring?
- What Can A Cyclist Injured By A Car Door Claim For?
- Cyclist Hit By A Vehicle Door Compensation
- No Win No Fee Cycling Injury Claims
- Speak To The Legal Expert Team Today
- Helpful Links
As stated above, road users owe each other a duty of care to navigate the roads in a way that prevents injury and damage to themselves and others. This is set by the Road Traffic Act 1988. As part of this duty of care, road users are expected to follow the rules and regulations set by the Highway Code. Negligence occurs when injuries happen because a driver failed to adhere to the rules.
Rule 239 of the Highway Code states that drivers must ensure they do not hit anyone when opening their door. They must check for cyclists and other traffic. This is set in law by Regulation 105 found in the Road Vehicles (Construction and Use) Regulations 1986. It states 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 order to have a valid claim, you must have evidence that proves your injuries suffered by car dooring were caused by driver negligence. For example, you might submit your medical records along with footage of the cyclist accident.
Personal Injury Claims Time Limits
In addition to having the appropriate evidence, you must typically start your claim within the three years of the date of the incident. This is set by the Limitation Act 1980.
However, there are circumstances where the injured party cannot start a claim for themselves. The limitation period is paused in these cases.
Injured parties who cannot start legal proceedings themselves include:
- Those who do not have the mental capacity to start a claim. The time limit is indefinitely suspended. A litigation friend can be appointed to act on their behalf at any time during the suspension. However, if the injured party regains their mental capacity, they will have three years from that date to start proceedings.
- Children under the age of 18 will have the time limit paused until their 18th. From that date, they will have three years to start a claim unless a litigation friend has acted on their behalf.
If you suffered injuries as a cyclist hit by a car, call our advisors. They can give you free advice about claiming eligibility.
Gathering evidence is an essential part of the personal injury claims process. This can help you with proving who was liable for your accident and the types of injuries you suffered as a cyclist hit by a car.
Some of the evidence you could collect for your cyclist accident claim include:
- The driver’s details, including their contact details and registration number.
- Your medical records stating your injuries and what treatment you required for them.
- The contact details of any witnesses who can provide a statement about what happened.
- Photographs of your visible injuries.
Our advisors can offer you free advice for your potential claim. If they think you may have a strong case, they could connect you with one of our cycle accident solicitors.
The first question we aim to answer is which party in a collision with an open car door would be responsible under UK law.
The answer to this can be found in The Highway Code; guidance that all road users must follow.
Car dooring is the act of opening a car door into the path of another road user. This action can be an offence under both road traffic laws and The Highway Code if it is performed in a careless or reckless way.
The Road Vehicles (Construction and Use) Regulations 1986: Regulation 105 specifically states 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.
While The Highway Code rule 239 states that (as a driver), you must ensure you do not hit anyone when you open your door.
If a driver were to hit a cyclist with their car door because of their reckless or careless actions, then they may be found liable for any injuries that the cyclist sustains.
While our guide does focus on injuries caused by a driver’s negligence it is important to remember that all road users share a responsibility to not put each other in harm’s way. A cyclist could be found at fault for a collision or accident if it was caused by their reckless or negligent actions.
You can reach out to one of our advisers for free legal advice about who could be at found at fault for your accident.
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 compensation for a cyclist hit by a car will largely depend on the injuries they sustained in the accident. A successful claim will be assessed under two different heads to reach a total amount for compensation.
The first is the pain and suffering your injury has caused you. Compensation for this will be awarded under general damages. We have looked at injuries that a person may suffer if they were hit by a car door as a cyclist to create a table that could help you value your claim. The table features guidelines for awards for general damages for different injuries, using figures from the 2022 edition of the Judicial College Guidelines. They may not be an exact reflection of what you are awarded, but the figures were created by using previous court settlements for similar injuries so may still be helpful.
Injury Notes Amounts awarded
Spinal injuries Tetraplegia and the like £324,600 to
Brain Damage Moderately severe injuries resulting in serious disability £219,070 to £282,010
Neck injuries Very severe In the region of £148,330
Foot injuries Severe injuries like fractures of both feet with impact on mobility £41,970 to £70,030
Leg injuries Moderate injuries like multiple fractures £27,760 to £39,200
Arm injuries Simple fractures of forearm £6,610 to £19,200
Hand Injuries Minor hand injuries with recovery within 6 months Up to £4,750
Wrist injuries Minor and undisplaced injuries £3,530 to £4,740
The second head of claim is the financial losses caused by your accident and injury, awarded under special damages. This can include the factors listed above of loss of earnings, care claims or travel expenses for treatment-related issues.
Just as medical evidence of your injury will be important when you are making a claim for general damages, financial records of your losses are essential for claiming under special damages. If you can, keep receipts, emails, payslips or other type of documentations that can prove your financial losses.
For help with this, or more information about what you could be able to claim as a cyclist hit by a car, please speak to one of our advisers.
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.
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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