LawTalk Blog

Can I claim motor accident compensation for injuries from a car dooring?

bike rider

he number of cyclists riding for recreation or commuting in Adelaide and South Australia continues to increase. Roadside bicycle lanes and dedicated bicycles paths also continue to expand throughout South Australia.

Incidences where a driver who parks their car on the side of the road and opens their door without checking for oncoming cyclists and other traffic continues to present a significant risk to cyclists and other road users. There have been numerous situations where a cyclist has struck a car door that has suddenly opened in front of them leaving the cyclist with no way to avoid a collision. This is referred to as a cyclist being “car-doored”.

Cyclists have suffered wide-ranging severity of injuries  . Whilst some have escaped with grazes, bumps and bruises others have suffered broken bones, head injuries and required periods of hospitalisation. There have also been reported instances of a cyclist suffering fatal injuries from being car-doored.

Can I claim motor accident compensation for injuries from a car dooring?

Whilst each case will depend on it circumstances, in most car-dooring incidences, a cyclist would be successful in making a claim for compensation. In instances of “car-dooring”, the driver of the car and the cyclist both have a duty to look out for the welfare of others and themselves.

The most common reasons why these incidences occur are due to the driver’s inattention and failing to check and keep a proper lookout for vehicles or cyclists approaching them from behind. Whilst this is the case, cyclists also have a duty to keep a proper lookout and approach parked cars with caution. If the cyclist is able to, they should allow sufficient space to pass parked cars safely.

If you are a cyclist on our roads and you have sustained injuries after coming into contact with another vehicle, whether by car-dooring or otherwise, you should promptly seek legal advice about your rights and entitlements under Motor Accident Compensation through the compulsory third-party insurance scheme as time limits apply for making claims.

 Have you suffered a car dooring accident? Contact our Personal Injury team today. 

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Get in touch with today's blog writer:
Matthew Fuss

Partner in Personal Injury

Please note, this Blog is posted in Adelaide, South Australia by Andersons Solicitors. It relates to Australian Federal and South Australian legislation. Andersons Solicitors is a medium sized law firm servicing metropolitan Adelaide and regional South Australia across all areas of law for individuals and businesses.

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