Dooring accident with cyclists: Motorists are 100 percent liable

Created: 09/05/2022, 08:43

By: Sebastian Oppenheimer

A racing cyclist crashed into an open car door and was seriously injured - the district court has now ruled: the driver is 100 percent liable.

A collision can often be averted at the last moment - but not in this case: In North Rhine-Westphalia, a racing cyclist crashed into the opening door of a parked car and fell.

The cyclist sustained serious injuries, including a broken rib and various bruises.

The racing bike was also damaged.

The driver's insurance agreed to cover 75 percent of the damage - but the cyclist was at fault for 25 percent because he did not keep enough distance from the parked car.

On the other hand, the cyclist who had an accident complained – with success.

Extremely dangerous: In so-called dooring accidents, cyclists can be seriously injured.

(Iconic image) © Marijan Murat/dpa

Dooring accident with cyclists: Motorists are 100 percent liable

The insurance of the driver who caused the so-called "dooring" accident must now cover 100 percent of the damage, according to a statement from the Cologne Regional Court.

In its judgment (Az. 5 O 372/20), the court awarded the cyclist EUR 7,500 in compensation for pain and suffering – although the man “drived significantly faster than the average cyclist”.

According to his own statement, the cyclist was traveling at more than 30 km/h.

But according to the verdict, the cyclist simply did not have to reckon with such “gross carelessness on the part of the driver”.

To avoid dooring accidents, drivers should open their doors with the so-called "Dutch handle".

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Dooring accident with cyclists: lateral distance to parked cars, according to the court, a case-by-case decision

The Regional Court of Cologne did not see any contributory negligence on the part of the cyclist.

An insufficient lateral distance could not be proven to the man.

The question of the distance is a case-by-case decision, which depends on the traffic situation, the speed, the structural situation as well as the width of the road and the type of vehicles involved.

The lateral clearance should generally be dimensioned in such a way that a "slight opening of the driver's door" is still possible.

50 centimeters can be sufficient for this.

On the other hand, there are precise guidelines for overtaking bicycles by cars.

According to the court, the cyclist did not have to keep such a large lateral distance to the vehicle that he would not have collided with it even if the door was fully open.

The decision was also justified on the basis of the road traffic regulations (§ 14 Para. 1), according to which drivers have to behave when getting in and out in such a way that endangering others can be ruled out.

The judgment is not final.