Bike Lawyers / Solicitors

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Ghost Bike with Explanatory & Memorial Signs

toronto dooring sept 2 2015 video cam from above , truck doored cycist in bike lane

EU new vehcile & road traffic safety standards graphic

Personal injury lawyers may both promote & utilize the Dutch Reach standard

Bicycle plaintiffs' lawyers & solicitors are already helping to make the Dutch Reach our cultural norm.

Lawyers and solicitors across the USA and the United Kingdom have begun posting information on the Dutch Reach on their websites to advance dooring awareness, prevention and best safety practices.  Often such posts are of excellent quality, and very much worth sharing (See below).

As the community safety standard shifts to embody the Dutch far-hand dooring countermeasure, litigation on behalf of dooring victims will benefit. It will influence legal argument about the operative 'ordinary care' and  'ordinary practice' expected of drivers & passengers. The personal agency and failure to perform reasonable care by 'doorer' drivers and passengers can be made more evident, and defendant counter-claims of victim responsibility weakened.

Passengers, private & employed drivers, ride-sharing and hackney companies and fleet operators may be held to a higher standard.  Failure to train employees in the Dutch Reach method and to restrict passengers from exiting heedlessly into a travel or bike lane, will be argued as increasingly negligent conduct subject to findings of liability.  While investigating police, prosecutors, judges and juries are now often apparently biased against doored victims at present, arguments by the plaintiffs bar and increased public recognition and adoption of the Dutch Reach may improve odds for justice at court of law and in the public's mind.

Plaintiffs' expert forensic analyses in dooring cases are valuable.  This Project welcomes receiving & sharing trial reports and forensic testimony as the Dutch Reach enters the courtroom.  (A 2002 pre-Dutch Reach dooring forensic analysis is found here.)

Plaintiffs' lawyers and solicitors are invited to contribute news and reports of any use of the Dutch Reach in their litigation efforts. Also, please share news of the Reach with your colleagues. This Project also welcomes examples of your public interest postings describing doorings and the Dutch Reach.  Contact us by email here.

Blog: Bike Law Illinois - Car Dooring Liability Case

Driver insurance company liable in dooring accident case, how argued & settled for cyclist, in Chicago w GEIC paying $75,000 settlement.

Resolution of a Case That Highlights Car Door Danger, Bike Law Illinois Blog post by Chicago bike attorney Brendan H. Kevenides. 22 Dec 2015. Click to enlarge. Bike Law Network website (USA).

Bike Safety & Traffic Law in Maine

Lauri Boxer-Macomber Talks Right Hooks, Dooring, and Safe Passing with Fred Thomas of All Things Bike, February 15, 2019. Dooring & Dutch Reach segment starts at 7 min 40 sec. Click image to view.

Dutch Reach advisory, tort law & 'ordinary care' standard

This new Illinois bike law is nonetheless a giant victory for Ride Illinois and the Active Transportation Alliance who valiantly fought for the promotion of the "Dutch Reach" as a simple safety practice that can reduce the number of doorings in Illinois. The promotion of the utilization of the "Dutch Reach" will help the practice become more commonplace in Illinois and is a further reflection of the commitment by Illinois lawmakers to make cycling safer. The inclusion of the "Dutch Reach" in the Rules of the Road will also help establish safety practices for checking for oncoming bicyclists as "ordinary practice" for Illinois motorists. When a bicyclist is doored in Illinois and is injured, we need to establish that the driver was negligent. Establishing negligence is done by showing that they did not follow "ordinary care." While not quite the full effect of a rule under the Rules of the Rode, this advisory position carries some weight in arguing that a driver is acting most safely when they check for an oncoming bicyclist.

Illinois Drivers Now Advised to Use the "Dutch Reach" to Prevent Doorings, Illinois Bicycle Accident Lawyers, Keating PC.  (Scroll down to find 'Dooring' post), Aug 15, 2018. Click to enlarge.

Doorings & Rideshare Liability

From: The Rise of Rideshare “Dooring” Lawsuits, by: Curtis Weyant, The Legal Look, Consumer Safety, May 16, 2019. The Meneo Law Group.

Uber Launches Bicycle Friendly Driver Education & Alerts

The Guardian - Doored. Whose fault? Cycling Blog

Cycling Bike blog Blogger Helen Pipps wants the Dutch far hand anti dooring method to become part of the British driver training program and test for licensing. She was recently doored for the first time after 15 years of cycling and commuting by bike.

The Guardian’s Bike blogger Helen Pidd calls for the ‘Dutch reach’ to included in Great Britain’s driving test. 6 Feb 2018.

Lyft Teaches Dutch Reach...

Graphic shows Tweet displaying Dutch Reach lesson title of gif, and a screen shot of push message sent by Lyftto its riders to enteach and encourage use of the Dutch Reach to avoid dooring cyclists and scooter users.

Lyft rideshare users now get this 'push notification' via smartphone 10 minutes into trip. The message teaches & cues the Dutch Reach.  See Lyft's Dutch Reach blog post and animation here.   24 Apr 2019.  Click image to enlarge. 

And Uber Does Too!

The Dutch Reach is a simple technique that can help keep people on bikes safer. Uber, May 15, 2019.  Read more here.

Someone Opened Their Car Door Into Me on My Bike (Dooring cyclist), Jim Dodson, May 20, 2021.

Automakers Can Stop Dooring, Now!

Product Liability Exposure of Automakers?

'Dooring' alert & prevention options & features for autos are now on the market.  View Tech Solutions here.

"Dutch Reach" Door Latch Lever

 

Dutch reach anti dooring human factors research simple solution to dooring

Redesigned door lever encourages Dutch 'far hand' method to prevent doorings. Details & discussion here.. 2018 Aston Martin Vantage sports car features ergonomic means to promote safe egress from vehicles. Lever design may set stage for product liability claims in dooring cases. Video demonstration @8m:12s here.  News source: Lincolnshire Police, UK.

Ford's New Anti-Dooring Tech

Exit Warning sounds an alarm and could prevent doors opening fully if it detects a potential collision

Ford Motor Company of Europe announces dooring alert & prevention features, Cologne, Germany, Feb 2020. Exit Warning sounds an alarm and could prevent doors opening fully if it detects a potential collision.

Center for Motor Vehicle Safety Strategic Plan 2020-2029

Notice & Draft: The draft of the CDC / NIOSH Center for Motor Vehicle Safety 2020-2029 Strategic Plan is now available for public comment until February 14, 2020. View the announcement & draft pdf, and submit comments to the NIOSH docket via link provided above. Be heard...and demand more safety. Bicycle, pedestrian & vulnerable active transportation workers - eg. e-bike delivery people & bike to work workers are not a priority for CMVS and no comparable federal agency exists for our safety yet we the public are at the mercy of poorly trained drivers & large & unsafe fleet vehicles. Please bring this to the attention of likewise concerned organizations & citizens!

February 14, 2020 deadline to comment on CDC NIOSH Center for Motor Vehicle Safety's draft Strategic Plan. Click here for files.

Can Dutch Reach Curb Victim Blaming?

Dutch Reach can shift accountability narrative:  Cyclist sent flying after taxi door opens – but who is to blame? by Brooke Rolfe,
Yahoo News Australia, 20 Feb 2020.

Adverse Ruling in Taxi Dooring Case

COMMERCIAL AUTO – LIABILITY COVERAGE – WHAT CONSTITUTES "OPERATING" A VEHICLE Kohl v. American Tr. Ins. Co. (Ct. Apps., decided 7/1/2010) Passenger who car dooring of bicyclist denied insurance coverage as a atuomobile operator.

Opening a Taxicab Door Is Not "Operating" the Taxicab -- Liability NYS: Coverage to Passenger Who Opened Door into Path of Bicyclist Denied, Click here to view Coverage Counsel post, July 10, 2010.

Bike Cam Video Evidence

Cyclist Video Evidence promotes using video & technology to track, map & analyze near miss incidents to improve police enforcement, deterence & collision prevention.

A Life Forever Altered by Heedless Dooring

Philadelphia Cyclist Wins $2.4 Million Judgment After Being Doored, Run Over Ashley McKean was hit by a car door and then run over by van on Broad Street in Philadelphia in 2011. Her lawsuit was successful. Read more at https://www.phillymag.com/city/2014/06/12/philadelphia-cyclist-wins-2-4-million-judgment-doored-run/#kMkZ8SwxoAHqxdU8.99

Jury awards $2.4 million for doored, run over & seriously injured Philadelphia woman cyclist - StreetsBlogUSA, Jun 18, 2014. Liability was assigned to dooring driver, van driver & victim. See: Philly Mag, original complaint, & jury decision.

Ontario Law Firm Presses Anti-Dooring Bills

Toronto cyclists, founders of the "Door Prize", have suffered more than their share of doorings this century. Martin & HIllyer Associates' blog summarizes the issues & promising partial solutions. 6 Dec 2019.

United Kingdom

Hodges Jones & Allen personal injury solicitors, UK litigators for dooring victims.

WHY WE SHOULD ALL BE DOING THE DUTCH REACH

 

German Insurers Accident Research GDV

Pkw Heck- und Seitenkollisionen mit Fußgängern und Radfahrern Unfallforschung - kompakt, - Unfallforschung der Verkehrssicher, GDV 2018. PDF download. Research study simulates car dooring scenarios. Results may assist forensic investigations & crash reconstruction, warning system development & cyclist risk avoidance education.

United Kingdom

The law for cyclists hit by vehicle doors, by Yolanda Law, solicitor, Bolt Burdon Kemp, for Cyclists' Defense Fund, UK.

NYS Traffic Code re: Safe Egress

Dooring Basic Overview

Bicyclists Hit By Car Door Accident Cases, by Atty. Lawrence J. Buckfire, Personal Injury, April 13, 2022, c/o Lawyers.com. See Comment here.

Law Firm Promotes Dutch Reach