"when the car door was thrown open"...no claims advert (who's fault)?

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LOGAN 5

New Member
I got doored when a passenger got out whilst the car he was in was stationary in a queue of traffic. He just flung the door open and over I went. Broken finger, off work for a while, court case where he of course lied and got off (offence of opening a door to danger) but I did get an insurance claim pay out.

It's not always overtaking parked cars which can end in a dooring.
 

the reluctant cyclist

Über Member
Location
Birmingham
Exactly the same thing happened to me, Logan 5, I was filtering past a line of traffic all stationary at a red light. They were a good three feet away from the kerb so I went through that way - the passenger flung open the door without looking, I got knocked off, like you broke my finger - I had to have time off work - I am £2,000.00 down now what with the repairs to my bike (front carbon forks got cracked) and the time off work and money spent on bus fares and hospital parking).

Nothing in the highway code says that you can't do what I did but plenty says that you can't do what they did!

I have to say I am a tad offended at the suggestion that it's my own fault for cying too flipping close!
 

bonj2

Guest
thomas said:
I'm not saying there aren't times when it wouldn't be the person's fault. It just annoys me that the advert almost makes it acceptable to overtake cars closely.

it IS acceptable, just not particularly advisable, if you can help it.
 

Bman

Guru
Location
Herts.
I take it your talking about the BGR Bloomer advert Tom (plays nearly every 10minutes on Abosulte Radio). IMO I was actually quite happy that the advert is bringing awareness to cyclists being on the roads. I can even see the effect it has on the other motorists in my office. However, the advert (like all the others on AR) are played far, far too frequently.
 
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thomas

thomas

the tank engine
Location
Woking/Norwich
the reluctant cyclist said:
Nothing in the highway code says that you can't do what I did but plenty says that you can't do what they did!

I have to say I am a tad offended at the suggestion that it's my own fault for cying too flipping close!

I've added a little edit to my first post as it goes come across too strict. I don't believe that it's always the cyclists fault, but if it is possible to cycle out of the dooring zone then maybe the cyclist is partly to blame for not overtaking safely.

LOGAN 5 said:
It's not always overtaking parked cars which can end in a dooring.

See above...to me the advert seems to be a parked car which the imaginary case person could probably have overtaken at a safe distance and been fine.

When filtering through traffic, and other times when it's unlikely a door will be thrown open (such as that mag's video with the kid) then I don't think it's the cyclist's fault.

Bongman said:
I take it your talking about the BGR Bloomer advert Tom (plays nearly every 10minutes on Abosulte Radio). IMO I was actually quite happy that the advert is bringing awareness to cyclists being on the roads. I can even see the effect it has on the other motorists in my office. However, the advert (like all the others on AR) are played far, far too frequently.

Yep, the one on Absolute.


I suppose, my complaint is more with the advert than the incident. People should take responsibility for their actions. If like some of the people in this thread, you have been doored and you were cycling safely, being observant and it was just a very unfortunate accident then I'm sorry that I offended you and I hope you get any compensation you deserve. For instance, going into town on Saturday I was filtering safely through traffic. A car door a few cars up opened and a lady got out. I wasn't near the car at the time so it didn't matter, but chances are she probably didn't look before getting out, so if I'd been closer it may have been a problem. In that situation I wouldn't hold myself accountable. This situation is a bit different from the advert, which I believe it says is a parked car.

If, however...from my interpretation of the advert, it was someone, cycling along too close to parked cars when it probably was safe to be out of the dooring zone then I don't believe they're completely innocent.

I'll try to grab an MP3 of the advert when it's next on!
 

Arch

Married to Night Train
Location
Salford, UK
thomas said:
If, however...from my interpretation of the advert, it was someone, cycling along too close to parked cars when it probably was safe to be out of the dooring zone then I don't believe they're completely innocent.

How are you ever going to know from the ad if they could safely cycle further out? There are plenty of side streets where cars park each side, and you couldn't ever get well clear of one doorzone or another. Or there might be an oncoming car. Or a prat behind revving and hooting to get past and intimidating the rider.

Sorry, the legal onus is on the driver to look before they open the door. Any suggestion that cyclists should ride further out (IE far enough to be in no danger - several feet in the case of most car doors) is, as I see it, a nice extra discussed by those who take a bit of pride in their roadcraft, just like the stuff about secondary or primary position...
 
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thomas

thomas

the tank engine
Location
Woking/Norwich
I guess I wish more people had better cycling skills and would get out of the gutter and just give themselves a bit more space.

Getting doored could happen to any of us without it being our fault. I just think, when going past parked cars if possible people should give a bit more space as it's not unlikely that someone might be getting out of the car. The highway code does mention giving room when overtaking which could suggest some negligence on the victim.

I guess ultimately, I do agree with people on here that is the person in the car's fault. If I opened my door onto someone having not looked I wouldn't start arguing that they were in the wrong, I would accept that as my error.

I just see a lot of really dappy cycling around UNI from people who should take a few lessons. I'd rather the compensation advert was one promoting overtaking parked cars with more than a foot space...but that probably would be very profitable :biggrin:

Sorry for offending anyone! The advert just winds me up. BGR Bloomer have had complaints from people before about past adverts belittling serious problems but they weren't found in breach of any advert standards.

MO I was actually quite happy that the advert is bringing awareness to cyclists being on the roads. I can even see the effect it has on the other motorists in my office.
So you think that advert has made a difference on some drivers in your office? Kind of surprises me as the advert annoys me, but if it actually does make people think that can only be a good thing!

Sorry, the legal onus is on the driver to look before they open the door. Any suggestion that cyclists should ride further out (IE far enough to be in no danger - several feet in the case of most car doors) is, as I see it, a nice extra discussed by those who take a bit of pride in their roadcraft, just like the stuff about secondary or primary position...
I'll guess my views were wrong as I would agree with this. It'd just be nice if people realised how to cycle a little safer, to avoid having to go through everything and a claim.

I say this, as there are definitely places on my ride where I could be injured but because I'm aware of some of the problems I can avoid some of the issues even happening.
 

skwerl

New Member
Location
London
the reluctant cyclist said:
Nothing in the highway code says that you can't do what I did but plenty says that you can't do what they did!

Nothing in there to say pedestrians can't walk in the road either but would you suggest they do so without exercising caution? Filtering through traffic is legal but you still need to be careful, especially if you're filtering on the near-side.
 
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thomas

thomas

the tank engine
Location
Woking/Norwich
skwerl said:
Nothing in there to say pedestrians can't walk in the road either but would you suggest they do so without exercising caution? Filtering through traffic is legal but you still need to be careful, especially if you're filtering on the near-side.


I don't think from his situation that he was being unsafe, with cars being 3 feet from the kerb filtering on the inside should be safe, and allowed when in traffic.
 

Lurker

Senior Member
Location
London
Parking
239
Use off-street parking areas, or bays marked out with white lines on the road as parking places, wherever possible. If you have to stop on the roadside

do not park facing against the traffic flow
stop as close as you can to the side

do not stop too close to a vehicle displaying a Blue Badge: remember, the occupant may need more room to get in or out
you MUST switch off the engine, headlights and fog lights
you MUST apply the handbrake before leaving the vehicle
you MUST ensure you do not hit anyone when you open your door. Check for cyclists or other traffic
it is safer for your passengers (especially children) to get out of the vehicle on the side next to the kerb
put all valuables out of sight and make sure your vehicle is secure
lock your vehicle

[Laws CUR reg 98, 105 & 107, RVLR reg 27 & RTA 1988 sect 42]

http://www.direct.gov.uk/en/TravelAndTransport/Highwaycode/DG_069860
 

Arch

Married to Night Train
Location
Salford, UK
thomas said:
I'll guess my views were wrong as I would agree with this. It'd just be nice if people realised how to cycle a little safer, to avoid having to go through everything and a claim.

Absolutely, I'd rather be unhurt, than have a good claim...

I meant to email the Beeb about it, and forgot, and it's too late now, but last week on Broadcasting House, R4, the paper reviewers got talking about cycling and the contributary negligence aspect of not wearing a helmet (Dave Gorman was saying it shouldn't matter if you wear one or not and quoting the Aussie thing about compulsion cutting cycling more than it cuts accidents) and there was an Aussie woman on who said (and I'll quote as best I can, from memory) "ah, we've all had that thing with a cyclist wizzing by as we open the car door - maybe if they learn to be a bit more vigilant, that'll be good." It wasn't entirely clear, but that sounds to me like she's saying cyclists have to be responsible for looking out for people opening their doors. It didn't sound like she cycled. It's a short slipperly slope to people thinking it's all down to the cyclist to protect themselves, and drivers don't have to bother... Which is absolutely the wrong way round.
 

skwerl

New Member
Location
London
thomas said:
I don't think from his situation that he was being unsafe, with cars being 3 feet from the kerb filtering on the inside should be safe, and allowed when in traffic.

3 feet isn't that much. And it is allowed, I wasn't disputing that but you have to be very careful. Doors opening, people appearing from between cars. I've had more than a few 'fellow cyclists' (and scooter muppets) cut out in front of me, from between two cars, without looking.
 
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thomas

thomas

the tank engine
Location
Woking/Norwich
skwerl said:
3 feet isn't that much. And it is allowed, I wasn't disputing that but you have to be very careful. Doors opening, people appearing from between cars. I've had more than a few 'fellow cyclists' (and scooter muppets) cut out in front of me, from between two cars, without looking.


I meant more, if people are going to drop people off, they generally try to get closer to the kerb.
 
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