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"DOORED" WHILE CYCLING IN NEW YORK

Who is responsible when you are doored by a vehicle in NY?

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The "door zone" is the space of 2-4 feet adjacent to parallel parked or stopped cars. While cycling in the "door zone," a cyclist can suffer a severe injury or even death if a door is suddenly opened into their path of travel. "Doorings" are all too common in New York and make up a large percentage of our cycling crash practice.

When choosing a lawyer to handle a "dooring" crash case, your lawyer should not only be a cyclist, but should also be familiar with the laws and strategies used in litigating this type of crash. Not all personal injury lawyers have this knowledge and experience. Daniel Flanzig has written the only published New York Law Journal article on litigating a "dooring" claim in New York and is regularly quoted in New York and National news outlets regarding these claims.

To the best of our knowledge, we are the only law firm in the State of New York to obtain Summary Judgment for a cyclist in a dooring crash. This motion has been granted in BOTH Kings County (Brooklyn) and New York County (Manhattan). This means having a Court find as a matter of law, the vehicle was 100% responsible for the crash. We have gained a national reputation of being one of the top "dooring" crash attorneys in the country.

Read Daniel Flanzig's recent interviews on "Dooring Crashes"

The New York Post

The Toronto Star


THE LAW IN NEW YORK

In New York City and New York State, opening a vehicle door into moving traffic is a violation of the Vehicle and Traffic Law:

Section 1214 of the Vehicle and Traffic law states "opening and closing vehicle doors – "No person shall open the door of a motor vehicle on the side available to moving traffic, and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, nor shall a person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."

NYCRR- Section 4-12-(c) Getting Out of Vehicle: In New York City: "No person shall get out of any vehicle from the side facing on the traveled part of the street in such manner as to interfere with the right of the operator of an approaching vehicle or a bicycle."

NEW YORK CITY TAXI RULES

NYCRR- Section 4-11, Section C, requires "Taxis….while engaged in picking up or discharging passengers must be within 12 inches of the curb or parallel thereto ".

NYCRR- Section 4-11-Taxi and Cars for Hire - (c) picking up or discharging passengers shall not be made under such conditions as to obstruct the movement of traffic and in no instance so as to leave fewer than 10 feet available for the free movement of vehicular traffic; Where stopping is prohibited; or Within a bicycle lane.


Some Recent Results for Our Clients "Doored" in NY

DISCLAIMER: Previous results are not a guarantee of future success. Each case is unique, and the final outcome of negotiations and/or a trial is never guaranteed.

$210,000.00 Recovery for Cyclist "Doored" in Manhattan

Daniel Flanzig obtained a $210,000.00 recovery for cyclist "doored" in Manhattan. The cyclist, a model and bartender, was "doored" on his way to work by an exiting driver on 13th Street. As a result of the crash, our client sustained a severe laceration to his bicep, requiring surgery to repair. The settlement was reached before trial in the Supreme Court, New York County.

$140,000.00 Settlement for NYC Cyclist "DOORED" in the West Village

Cathy Flanzig obtained a $140,000.00 settlement for a cyclist "doored" in the West Village. The cyclist was lawfully within a bike lane when an exiting passenger of an NYC Taxi Cab opened the door into his path. As a result of the crash, our client sustained a fractured clavicle. In this case, the cab company and the passenger's insurance company both contributed to the settlement.

$145,000.00 for cyclist "Doored" in Flatiron District

Daniel Flanzig obtained a $145,000.00 recovery for cyclist "doored" on 19th Street in Manhattan. Our client was traveling West on 19th Street between 5th and 6th Avenues. As vehicular traffic was stopped, our client attempted to pass traffic on the right. As he was traveling along side the defendant's vehicle, a door swung open into his path. Our client attempted to avoid the opening car door, swerved, and crashed. No contact was ever made between the cyclists and the door. As a result of the fall our client sustained a severely fractured wrist.. After obtaining the full policy limit from the owners vehicle ($100,000.00), we were then able to obtain another $45,000 from the exiting passengers own auto policy.

This case is an important illustration of two points. The first, contact between a bike and a vehicle is always not necessary in order to establish negligence on behalf of a driver or exiting passenger. Secondly, all possible insurance coverage should be explored before entering into a settlement.

$97,500.00 Recovery for Woman "Doored" by NYC Taxi

Daniel Flanzig obtained a settlement for NYC cyclist who sustained a severe back injury while "doored" by a tourist exiting a NYC Taxi cab while the cyclist was lawfully traveling in the bike lane on 6th Avenue in New York City.

$52,500.00 Settlement for Cyclist "Doored" by Van on Bell Blvd in Queens

Daniel Flanzig obtained a settlement of $52,500.00 for a cyclist who suffered a fractured clavicle as a result of a "dooring" from the driver of a commercial van. The settlement was obtained via a private mediation while the case was pending on the trial calendar in the Supreme Court, Queens County.

$45,0000.00 Recovery for Woman "Doored" by an FDNY Fire Truck

In the Spring of 2015, our client was cycling Northbound in the protected bike lane on First Avenue in Manhattan. As she passing an inactive New York City Fire Truck parked adjacent to the bike lane, a firefighter attempted to exit the rear compartment of the truck. When he opened the large compartment door, it entered the bike lane with the edge of the door striking the cylcist's right finger. The impact caused a "burst injury" lacerating her finger and disrupting tendons. The injury ultimately required surgery to repair the tendon damage. A settlement with the City of New York was reached while the case was still pending in the Supreme Court, New York County.


If you have been injured in a "dooring" crash contact New York Bike Crash Attorneys Flanzig and Flanzig at 1-866-FLANZIG or email us at info@NewYorkBikeLawyers.com to learn more about your rights.

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