Cycling is dangerous at the best of times, and cycling on New South Wales’ busy roads comes with a fresh wave of new hazards. One of the most sudden and distressing is a “dooring” accident. This split-second collision usually catches a cyclist off guard, leaving them with very little time to react. What most people don’t realise is that the typical rules around road accidents still apply to “dooring” accidents, even if the vehicle was parked and the engine was off. 

We’ll discuss how liability works and what your rights are so you know how to claim compensation if you’ve recently been injured in a dooring accident.

What is a “Dooring” Accident? 

“Dooring” is the term used to describe an accident when a driver or passenger opens their car door directly into the path of an oncoming cyclist. Even if the rider violently swerves in time to avoid the impact, the wild move often leads to a secondary crash and injuries. Unfortunately, these incidents have become common on NSW streets where bicycle lanes run next to parking. 

Bicycles are quiet and move quickly, which means vehicle occupants should look carefully before they open the door to exit the vehicle. According to Road Rules 2014, it is a legal requirement to check your surroundings before opening a car door. 

Who is Liable in a Dooring Accident? 

According to New South Wales’ rules of the road, legal responsibility lies with the person inside the vehicle. Drivers and passengers are charged with a strict duty of care by the law to check their mirrors and over their shoulders to ensure there are no passing vehicles, cyclists, or pedestrians before they open the door. However, liability could be shared if the cyclist was riding without lights at night, riding too close to vehicles, or travelling at excessive speeds. 

You can still seek compensation if you were partly at fault; your compensation will be reduced to reflect your portion of the blame. 

Is Dooring Covered by Motor Vehicle Accident Claims? 

Yes. 

Dooring accidents are processed as Compulsory Third Party (CTP) claims, falling under the motor vehicle accident framework instead of public liability claims. A cyclist in a dooring accident has the same right to statutory benefits as any other motorist would in an accident, and those statutory benefits can be used to cover lost wages and medical treatments. 

What to Do After a Dooring Accident 

The aftermath of an accident can be chaotic, but if you are in a dooring accident, the immediate steps you take post-accident can smooth the insurance claims process. The next steps should be followed when it is safe to do so:

  • The first step is medical attention. You may feel okay in the moments after an accident, but shock and adrenaline have a way of dulling pain, potentially masking soft tissue damage, traumatic brain injuries, or internal injuries. By attending the hospital for a check-up, you create a medical report and documented evidence that links your injuries to the accident.
  • Take photos of the scene to capture the exact positions of the open door, the damage to your bicycle and any visible injuries you may have. You may also benefit from photos of nearby traffic signs and the wider road for context. 
  • Exchange names, phone numbers, registration details, and addresses of the other parties involved. If the passenger was the one to open the door, you also need their information.
  • If there were other motorists or pedestrians around who stopped to assist, take down their names and numbers. Their account could prove invaluable. 
  • Report the crash to the police at the earliest possible time and request a Police Event Number. 
  • Secure the services of an experienced motor vehicle accident lawyer. 

Frequently Asked Questions 

Who is at fault if a car door hits a cyclist?

Typically, the person who opened the door is at fault. According to NSW road rules, drivers and occupants should check for approaching traffic, cyclists, and pedestrians before opening a car door. However, there are exceptions. For example, a cyclist ignoring hazards, riding unsafely, or riding too fast could lead to shared fault.

Can I claim compensation if the car was parked and not moving?

NSW law classifies dooring accidents as a motor vehicle accident, so yes. It doesn’t matter whether the car was running, off, or parked; the accident involved the use/operation of a vehicle, therefore, you can file a claim against the CTP insurance policy. 

What should I do at the scene of a dooring accident?

Your health and safety are the priority, so medical care always comes first. After that, you can exchange contact details and insurance information with the involved parties. Always take photos of the scene, including photos of the vehicles, road conditions, road signs, and the surrounding area. Witnesses? Make sure to get their details.

How AJB Stevens Can Help 

If you have recently been in a dooring accident, you have enough stress on your plate with healing and repairing a damaged bike. You don’t need to wade through complex insurance policies or argue with insurance investigators. At AJB Stevens, our experienced team of motor vehicle accident lawyers understands the challenges cyclists face. We will thoroughly investigate your accident and protect you against unfair allegations of fault, while also handling the paperwork to ensure you receive the compensation you deserve.

Interested in learning more about dooring accident compensation NSW? Reach out to arrange your free consultation to discuss your accident.