How to Claim As A Cyclist Hit By A Car Door?
By Meg Berry. Last updated 20th January 2022. Are you a cyclist who’s suffered a car dooring accident that wasn’t your fault? If you’re a cyclist who was hit by a car door and suffered injuries due to someone else’s negligence, you may be able to make a personal injury claim. Road traffic injuries can significantly impact your life, both physically and psychologically. By making a claim, you could seek to be compensated for your pain and suffering.
Cyclists are classed as vulnerable road users. They aren’t offered the protection that a car, bus or van provides. This means that they may suffer more serious injuries in an accident than other kinds of road users.
You may assume that you won’t be injured if someone opens their car door on you or that your injuries will be minor. But this isn’t always the case. And if you’re injured in a way that negatively affects your quality of life, you could make a claim.
For more information on the claims process after being hit by a car door, please read on. Alternatively, you can find our contact information in the next section and get in touch with us today to start your claim.
Get In Touch With Our Team
There’s no legal requirement to use a solicitor when making a personal injury claim. But you may find that the help of an expert solicitor will make the process smoother and help you get the compensation you deserve.
Our team of advisers is available 24/7 to chat with you about your case and evaluate how much compensation for your injuries you could receive. Once our team of advisers has learned more about your situation, they could pass you onto our expert panel of personal injury solicitors to begin your claim.
If you’d like to get in touch with our friendly team of advisers, we recommend you:
- Call them on 020 3870 4868. An adviser will be available 24/7 to offer you free legal advice.
- Start your claim online. One of our advisers will get back to you at your earliest convenience.
- Chat with an adviser through our live chat pop-up box for an immediate response.
Services And Information
- Everything You Need To Know About How To Claim As A Cyclist Hit By A Car Door
- What Is A Cyclist Hit By A Car Door Accident?
- Who Is Responsible When Opening A Car Door?
- Who Is Liable When A Cyclist Is Hit By A Car Door?
- How Your Claim Could Be Affected By A Lack Of Reflective Clothing
- I Was Close To The Car When The Door Was Opened, Can I Still Claim?
- Calculate Compensation As A Cyclist Hit By A Car Door
- How Much Time Do Cyclists Have To Claim When Hit By A Car Door?
- I Was Injured By A Car Door When Cycling, What Should I Do?
- Can Cyclist Hit By A Car Door Claims Be Handled On A No Win No Fee Basis?
- Other Information
This article will discuss how you can make a claim as a cyclist hit by a car door. Firstly, the guide will look at ‘what is car dooring?’ by exploring exactly what this type of accident is. Next, there will be a section looking at who may be liable when a cyclist is hurt in this type of accident. There will also be a personal injury claims table examining how much compensation could be owed for certain injuries.
After this, there’s a section exploring how your claim could be affected by a lack of reflective clothing. Furthermore, the guide will discuss if you can still make a claim if you were close to the car door when your car dooring incident occurred.
Moreover, the article will look at the personal injury claims time limit. This section will explain how long you have to make your claim after your car dooring accident.
The guide will then tell you what steps you should take after a road traffic accident and how you can find a bike accident solicitor. Additionally, it will tell you how you can get in contact with our team of advisers to receive 24/7 free legal advice and be connected with a personal injury solicitor.
Although we have aimed to cover the information you need to better understand the claims process, please don’t hesitate to call our team if you have any further questions.
An incident involving a cyclist hit by a car door is often referred to as a ‘car dooring accident’. You may assume that the injuries you could sustain in a car dooring accident would be relatively minor. But this kind of accident could result in severe injuries which could impact your quality of life.
Some of the injuries that you could sustain in a cycling accident might include:
- Lower limb injuries such as a broken leg, fractured toe or broken knee cap: A cyclist could suffer these injuries on impact with the car door.
- Facial injuries such as a chipped or broken tooth, broken jaw, a head injury or brain damage: A cyclist may have been hurt after coming off their bike when the car door was opened on them.
- Other minor injuries such as cuts, lacerations, sprains or strains: The cyclist may have experienced minor injuries if they were cycling at a lower speed.
These injuries often require medical attention and often impact the injured person’s life for weeks or months. Sometimes, the impact of a cycling injury can be felt for years after the accident and may even be permanent.
If you’ve suffered an injury following a cycling accident, you may be eligible to claim. You can contact our team of advisers today for 24/7 free legal advice on the number above.
How Common Are Accidents Involving Cyclists?
According to the Reported Road Casualties Great Britain Annual Report 2020, there were 115,584 casualties of all severities during 2020. We have created a graph using figures from the same report to highlight the change in fatalities for different road users in 2020 compared to 2019.
As you can see, the number of pedal cyclists involved in fatal road traffic accidents rose in 2020. It’s important to note that although there are more fatalities overall for cars, they make up the majority of the traffic on UK roads.
According to Regulation 105 in the Road Vehicles (Construction and Use) Regulations 1986, the car driver is responsible for ensuring they look out for cyclists before opening their car door. The piece of legislation states that nobody should open a car door unless they’re sure it’s safe to do so.
If you’re wondering how to avoid car dooring, drivers should ensure that passengers don’t open their car doors unless they’re sure there isn’t a cyclist riding past. Cyclists riding through stationary traffic could be hard to miss, so passengers and drivers should always check before opening a car door.
If drivers breach this duty of care and act negligently, this could result in a cyclist being hit by a car door. In turn, this could lead to a personal injury claim being made against the driver.
All road users have a duty of care to do everything they reasonably can to protect others using the road. As mentioned, car dooring is an illegal offence as per the Road Vehicles (Construction and Use) Regulations 1986.
Despite this, between 2011-2015 there were 3,108 people who suffered an injury and eight people who lost their lives in accidents where vehicle doors being negligently opened or closed were recorded as a contributory factor by the police. These figures were recorded by the Department For Transport and released to Cycling UK.
If you suffer an injury due to a car driver opening their car door in front of you as you’re cycling, you may be able to make a personal injury claim against the driver. The driver has a duty of care to take reasonable steps to ensure their actions don’t cause anyone harm.
However, as road users, cyclists have certain responsibilities to ensure their own and others safety while using the road. Failing to uphold their duty of care could result in them being partially liable for their accident.
If the cyclist and driver are each said to be partly at fault for the injuries sustained, then the compensation will be reduced accordingly. For example, if the cyclist and driver are both said to have contributed equally to the injuries, then the compensation will be reduced by 50%.
It is vital that a cyclist wear the correct clothing when out cycling. A helmet is key as this can prevent injuries suffered to the head.
Also, reflective clothing is vital especially at night so that drivers are aware a cyclist is on the road. This is because reflective clothing can make it easier for other road users to see you, including car drivers or passengers opening a car door.
If you didn’t wear reflective clothing and ended up in a car dooring incident, you could be seen as partially liable for your injuries. However, even if this is the case, you will be unlikely to be seen as fully to blame, as drivers still have a responsibility to check that it’s safe to open their car door.
Additionally, Rule 60 in the Highway Code states that cyclists must have lights and reflectors fitted to their bikes when riding at night. Failing to do so could make it more difficult for a driver to see a rider on the road, causing a cyclist to get hurt.
In these cases, your compensation amount may be decreased accordingly. As stated above, this means the percentage of your compensation will decrease.
A driver has a responsibility to ensure they don’t open their car door onto a cyclist. A driver could use what is known as the ”Dutch Reach” which means opening the door with their far hand. This way drivers and passengers have to turn their bodys’ to open the door and will be able to see if a cyclist or other oncoming road user is nearby.
Often, there may be obstructions on the road such as drains, pot-holes or parked vehicles which means you may have to ride closer to cars than usual. However, car drivers have a duty of care to look for any cyclists coming before they open their car door.
If they breach their duty of care, it’s classed as negligence. Therefore, if they’re negligent and cause you to sustain injuries, you could make a personal injury claim against them.
If you’d like more advice about whether you can still claim if you were close to the car when the door was opened, our team of advisers is here to help. They are ready to have a chat with you 7 days a week, 24 hours a day, to ensure you have all the information you need to make a personal injury claim.
The table below contains the latest figures from the Judicial College Guidelines (JCG). The JCG contains guideline compensation brackets for various injuries based on settlements that have been awarded in the past.
|Neck Injuries||(b) Moderate||(i) Injuries could include a fracture that causes severe symptoms and requires a spinal fusion.||£23,460 to £36,120|
|Back Injuries||(a) Severe||(i) Injuries might include a damaged spinal cord affecting the nerve roots which causes severe pain and disability.||£85,470 to £151,070|
|Shoulder Injuries||(b) Serious||Shoulder dislocation with the lower part of the brachial plexus sustaining damage.||£11,980 to £18,020|
|Injuries to the Pelvis and Hips||(b) Moderate||(i) The person may experience a significant injury to the hip and a permanent disability that isn't major.||£24,950 to £36,770|
A typical claim for compensation is made up of two “heads”; general damages and special damages. The above table shows general damages. This is the part of your compensation that can be awarded for the injuries you’ve sustained and the psychological and physical impact it has had on you. The awarded bracket for general damages is based on the type and severity of your injury and will take into account how long it takes you to recover.
Special damages compensate for the financial impact that your injuries have caused you. For example, you may have had to:
- Pay for medication or treatment that you can’t get on the NHS
- Take sick leave from work, resulting in a loss of earnings.
- Lost out on a holiday deposit that your injuries prevented you from attending.
Please be aware that you won’t be able to receive special damages if you don’t provide sufficient evidence of your expenses. This could be:
- Invoices for physiotherapy sessions.
- Payslips to prove loss of earnings.
- Bus tickets to show you paid to travel to and from medical appointments.
You may have come across various personal injury compensation calculators online that aim to collect information on your injuries and show you how much compensation you could be owed. While these calculators can be useful tools, they often don’t collect enough information to give you an accurate valuation of your claim.
Generally, the personal injury claims time limit is three years from the date of the accident or date of knowledge. However, there are some exceptions.
If you’re under 18, the three-year time limit starts on your 18th birthday. However, if you’d like to begin your accident claim sooner, a friend/family member can apply to become a litigation friend to pursue the claim for you before you turn 18.
If you lack the capacity to claim on your own behalf at the time of the injuries, the three-year time limit is suspended, and a litigation friend can claim on your behalf. Alternatively, if you regain the mental capacity to claim, then the three-year limit starts again.
For more information, feel free to get in touch with our team of advisers. They’d be happy to learn more about your situation. They could also connect you with our panel of personal injury solicitors to begin your claim as a cyclist hit by a car door.
If you’re a cyclist who’s been hit by a car door, it’s recommended you seek medical attention. Seeking medical attention can help speed up your recovery process by getting you the treatment you need.
Moreover, you can obtain medical records to use as evidence in your personal injury claim. This can help prove the severity of your injuries and the length of the treatment you received.
Next, you should gather any other relevant evidence you can obtain to support your claim. For example:
- Evidence of financial losses
- CCTV footage
- Witness statements
Finally, it’s recommended you contact a personal injury solicitor to help begin your claim. You can contact our team of advisers, who may be able to connect you with our panel of personal injury solicitors.
A No Win No Fee agreement, or Conditional Fee Agreement, is a contract between you and your solicitor. It states that you don’t have to pay solicitor’s fees if your case fails or an upfront fee before your solicitor starts working on your case.
If your case succeeds, your solicitor will deduct a legally capped percentage of your compensation. However, you and your lawyer will discuss this before your claim begins.
No Win No Fee agreements can be an alternative option to claiming without legal representation. Although there is no initial cost to do so, you could incur ongoing fees such as medical costs. However, these costs are covered by the agreement.
So if you’re a cyclist who was hit by a car door why not speak to one of our advisors today to see if this could benefit you? You can get in touch by:
- Calling on 020 3870 4868. They are there 24/7 to provide you with free legal advice regarding your claim.
- Starting your personal injury claim online. An adviser will get back to you at a time that suits you best.
- Chatting with an adviser through our live chat pop-up box for an instant response.
Here are some more guides that provide more information about different personal injury claims:
If you’ve been in a car accident that wasn’t your fault, our guide could help you understand whether you could make a personal injury claim.
If you’d like to sue on behalf of someone else, our guide talks about how you can do this.
See our guide for claiming as a pedestrian hit by a car.
For more road accident and safety statistics, visit the government website.
Think!, the road safety campaign provides guidance to cyclists on road safety.
Have you suffered a fractured arm or wrist injury? The NHS explores the signs, recovery process, and treatment length.
Written by HL
Checked by NC
Thank you for reading our guide about claiming as a cyclist hit by a car door.