Knocked off by Opening Taxi Door

[586]

I was cycling to work few weeks ago approaching some traffic lights, the traffic on my right was coming to a stop there was about a 5' gap between me and the traffic to stop at the front. I carried on in the gap when a passenger exited a taxi knocking me off my bike with the door,
I injured my knee pretty bad but nothing broken.
I have been in touch with solictors who say I have case,but Im not sure as I was passing the taxi on his inside.
Has anyone had any experience like this?

 

[fossyant]

You do indeed have a case !

 

[gaz]

Not an experience I've had myself, but the law's pretty clear I think: You are entitled to filter on the left past stationary traffic, and the driver of the car is responsible for the behaviour of his/her passengers who should not open a door without checking that it's safe. So you are entitled to claim for your injuries. Good luck.

Are we sure that it is on the driver and not the passenger? I guess if it was a black cab, then the driver has a certain control over when someone can open a door.

 

[fossyant]

The driver has responsibility !

 

[Alun]

"It turns out that it’s an offence to open “any door of a vehicle on a road so as to injure or endanger any person”. If you’re cycling along and someone opens a car door in your path, they may commit this offence (and be liable to a fine of up to £1000). (RVCUR r. 105; RTA s. 42; RTOA Sch 2)"

"The offence isn’t limited to drivers - so a passenger who opens a car door so as to injure or endanger a cyclist could commit the offence."

Thanks to blondwig http://ukcyclerules.com/2011/01/18/the-laws-of-car-doors/

 

[Linford]

The problem is that when driving, you are taught to not drive in the door zone so conflicting messages being given to different groups

 

[Linford]

[QUOTE 2827715, member: 30090"]Or maybe you should just check when opening a door?

FWIW I think if the passenger is above the age of 14 then it's their liability. My reasoning with this is that this is the age where the law for wearing of a seatbelt passes from the driver to the passenger so I may well be wrong.[/quote]

That is called self preservation.
Add this to the mix that I was parked on the side of the road and was strapping my 6 month old grandaughter into the seat when a car squeezed past and caught the edge of the door and folded it back...they were at fault and their insurance co coughed up.

 

[benb]

The problem is that when driving, you are taught to not drive in the door zone so conflicting messages being given to different groups

Not really. The reason we say don't cycle in the door zone is because some people can't be trusted to check before they open the door. It has no bearing on whether it's OK to fling open the door without checking.

 

[martint235]

[QUOTE 2827715, member: 30090"]Or maybe you should just check when opening a door?

FWIW I think if the passenger is above the age of 14 then it's their liability. My reasoning with this is that this is the age where the law for wearing of a seatbelt passes from the driver to the passenger so I may well be wrong.[/quote]
Seatbelt wearing is different to most laws regarding responsibility for vehicles in that it always applied to the person rather than just to the driver.

I always assumed that door opening was also always the responsibility of the driver although the link given above suggests otherwise. I believe that if a passenger throws something from a vehicle either at you or just littering, that is again the responsibility of the driver.

 

[User482]

Has anyone had any experience like this?

My brother in law was doored by a car passenger - he woke up in hospital and needed knee surgery and physiotherapy. The driver refused to admit liability, so he initiated court proceedings. She caved in the day before the hearing.

So yes, it's the responsibility of the driver, and yes you have a case. I guess it's up to you to decide if it's worth the time and hassle.

 

[DooDah]

The responsibility of the driver mainly because it is the drivers vehicle and insurance.

 

[586]

Thanks guys some useful information there..
I always look out for door opening when I'am riding but there was no avoiding this the door was flung open and the timing was perfect.
I think she was exiting the taxi to use a cash machine as I seen her pay the driver after the collision,,, she also asked me what my problem was??? "accidents happen" she said.

 

[mr_cellophane]

If it was a "London" taxi then the driver can lock the door and they automatically lock when the vehicle is moving. For those who has been in one, that is what the continual clunking and flashing red light is.

 

[gaz]

If it was a "London" taxi then the driver can lock the door and they automatically lock when the vehicle is moving. For those who has been in one, that is what the continual clunking and flashing red light is.

Red light indicates doors are secured.

View: http://www.youtube.com/watch?v=hdmR58BIHOg

 

[Andy Roadie]

Hi all! I'm a cyclist and a taxi driver.
If I was injured by an exiting taxi passenger I would ask the police to attend the RTA and attempt to obtain the passenger's and driver's details. The company may have the passengers mobile number.
The driver of a car is not responsible for the actions of passengers.
The driver is only liable if any negligence on his/her part can be proved.
If it was a cab with driver controlled door locks then the driver may be liable.