Bicyclists face numerous hazards as they navigate the streets of busy urban centers in Virginia. Among these dangers, "dooring" stands out as a particularly insidious threat. Dooring occurs when a motorist or passenger in a parked car suddenly opens a door into the path of an oncoming cyclist. This unexpected obstacle can cause the cyclist to crash into the door and be thrown to the ground. Alternatively, the cyclist might swerve into traffic to avoid a collision. The outcomes of such accidents can be devastating, ranging from severe injuries like broken bones and brain trauma to fatalities.

Recognizing the risks associated with dooring, Virginia enacted a law in 2016 aimed at improving safety for cyclists. Under Virginia Code § 46.2-818.1, it is illegal for individuals to open the door of a parked vehicle on the side facing moving traffic unless it is reasonably safe to do so. A violation of this statute constitutes a traffic infraction and is subject to a fine. The law underscores the responsibility of drivers and passengers to check their surroundings and avoid creating hazardous conditions for passing cyclists.

For cyclists injured in a dooring accident, a violation of this law can serve as a basis for establishing the motorist’s negligence and holding them liable for resulting injuries. A conviction constitutes proof that the driver failed to ensure it was safe to open their car door. Leaving a car door open longer than necessary for loading or unloading purposes can also be found negligent. Injured cyclists may be entitled to compensation for medical bills, lost wages, pain and suffering and other related losses.

However, Virginia's strict contributory negligence law can complicate matters for injured cyclists seeking compensation. Under this legal doctrine, a cyclist who is found even partially at fault for the accident — such as by not maintaining a proper lookout or by not riding in a designated bike lane — may be barred from recovering any damages. Furthermore, although failure to wear a proper helmet is not a direct cause of a dooring accident, it could be argued that the cyclist’s injuries were exacerbated by the lack of protective headgear, which could stand in the way of a damages claim.

Because contributory negligence can be a significant hurdle to suing for damages, it is crucial for victims of dooring accidents to seek skilled legal representation. An experienced bicycle accident attorney can investigate the circumstances of the collision, gather evidence and advocate for the injured cyclist’s rights. Legal counsel can also help counter any claims of contributory negligence that might jeopardize the victim's ability to recover fair compensation.

The legal team at Pikrallidas & Probasco in Fairfax provides dedicated representation for victims of Virginia bicycle accidents, including dooring incidents. With extensive experience handling personal injury cases, we are skilled at helping victims secure the compensation they need and deserve. Call us at 703-267-2600 or contact us online to schedule a free initial consultation.