Local kid got doored and the driver is trying to screw him...

[Dr Luxurious]

Nice, eh?

A kid we know (in school with our kids) was riding home in the combo bike/parking lane* and he got doored. He got away with minor scrapes but his bike is wrecked and the door got creamed. I hear it just about came off the hinges and it's totally inoperable.

The cops came & took a report. I think he has a witness, too.

They're trying to get him to pay for the door. :butt:

Got any advice I can pass along to him?
Anyone know the Kalifonia vehicle code as it pertains to this?

*The combo lane is a wide, delineated lane on each side of the road. Maybe 10 feet wide. Though it's clearly marked "bike lane" cars get to park against the curb and the remaining space is for bikes. Great idea...

[pdmtong]

Nice, eh?

A kid we know (in school with our kids) was riding home in the combo bike/parking lane* and he got doored. He got away with minor scrapes but his bike is wrecked and the door got creamed. I hear it just about came off the hinges and it's totally inoperable.

The cops came & took a report. I think he has a witness, too.

They're trying to get him to pay for the door. :butt:

Got any advice I can pass along to him?
Anyone know the Kalifonia vehicle code as it pertains to this?

*The combo lane is a wide, delineated lane on each side of the road. Maybe 10 feet wide. Though it's clearly marked "bike lane" cars get to park against the curb and the remaining space is for bikes. Great idea...

Isn't it up to the parked vehicle to assess the safety in opening the door or pulling out?

I once pulled away from the curb and immediately got hit by an oncoming car. My [stupid] fault. Of course it's now fodder as a lesson for my 16yo driver.

[verticaldoug]

Link to Cali Veh code.


http://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=VEH&sectionNum=22517.


Vehicle Code - VEH
DIVISION 11. RULES OF THE ROAD [21000 - 23336] ( Division 11 enacted by Stats. 1959, Ch. 3. )


CHAPTER 9. Stopping, Standing, and Parking [22500 - 22526] ( Chapter 9 enacted by Stats. 1959, Ch. 3. )


22517.

No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any 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.
(Amended by Stats. 1963, Ch. 162.)

[BobO]

Get a notarized statement from the witness and demand that the police cite the driver.

[bikinchris]

Timing makes all the difference. If the door was standing open and the kid hit it, then yes go after the kid for the cost. If the door was flung open onto him, no.

http://codes.findlaw.com/ca/vehicle-code/veh-sect-22517.html

[weaponsgrade]

SF Bike Coalition has a crash checklist and listing of bike friendly lawyers.

http://www.sfbike.org/resources/

[dlui]

pretty sure the person that opened the car door is at fault, they need to check that traffic is clear before "fouling" the lane. Have the kids parents talk to their auto insurance agent. The kid could claim that he was "assaulted" by the driver with a deadly weapon (door), get doctors report and estimates to replace bike, etc. Good Luck

[Bruce K]

In MA it doesn't matter how long the door is open, if it gets hit it is the parked car operators fault.

I know this because a young lady came along and hit the door of my parked car as I was standing outside the car after climbing out. She came from several blocks away and misjudged the distance, just catching the edge of the door. Scared the s++t out of me but according to the police officer who responded (and a subsequent call to a lawyer) still my fault.

As said before, check with an attorney but the law sounds similar.

BK

[fuzzalow]

The sorry, sad state of the average person's fitness or situational awareness both conspire to work against keeping a bicyclist safe from being doored. There is a warning notice inside of many NYC taxicabs warning passengers to look for bicyclists/traffic before exiting. It's better than nothing but people aren't attuned to reading the inside of car doors so they're gonna do what they do anyway.

The rushed, harried city taxi passenger doesn't check but you can spot movement inside the cab so a rider might still get tipped off about a door opening. It is a game of milliseconds.

I hate to say it but fat people inside of taxis rarely give any indication because when they get outta a cab they fling the door wide open. Boom! They gotta get that door fully wide open so that they can extricate themselves from outta the pit that is was their cocoon in the back seat of the car. They lack any core strength to balance themselves in getting out of a cab; there is sheer dead weight to hoist themselves out - using both hands and ankles hooked to the wide open door opening. This splendid humanity doesn't disembark from a vehicle, they pour themselves outta a vehicle like 9 yards of lard poured out of a cement truck. A sight to behold and seen in the streets and avenues of NYC far more often than supermodels getting out of taxis in front of Bloomingdales.

America - land of the big and the home of the brayed.

[oldpotatoe]

Nice, eh?

A kid we know (in school with our kids) was riding home in the combo bike/parking lane* and he got doored. He got away with minor scrapes but his bike is wrecked and the door got creamed. I hear it just about came off the hinges and it's totally inoperable.

The cops came & took a report. I think he has a witness, too.

They're trying to get him to pay for the door. :butt:

Got any advice I can pass along to him?
Anyone know the Kalifonia vehicle code as it pertains to this?

*The combo lane is a wide, delineated lane on each side of the road. Maybe 10 feet wide. Though it's clearly marked "bike lane" cars get to park against the curb and the remaining space is for bikes. Great idea...

Get a Lawyer...It's no different than the kid riding along and the car pulled ut and hit him. The kid had the right of way.

Get a Lawyer..Above cites the law..the kid wasn't wrong, get a lawyer.

[merlincustom1]

the sorry, sad state of the average person's fitness or situational awareness both conspire to work against keeping a bicyclist safe from being doored. There is a warning notice inside of many nyc taxicabs warning passengers to look for bicyclists/traffic before exiting. It's better than nothing but people aren't attuned to reading the inside of car doors so they're gonna do what they do anyway.

The rushed, harried city taxi passenger doesn't check but you can spot movement inside the cab so a rider might still get tipped off about a door opening. It is a game of milliseconds.

I hate to say it but fat people inside of taxis rarely give any indication because when they get outta a cab they fling the door wide open. Boom! They gotta get that door fully wide open so that they can extricate themselves from outta the pit that is was their cocoon in the back seat of the car. They lack any core strength to balance themselves in getting out of a cab; there is sheer dead weight to hoist themselves out - using both hands and ankles hooked to the wide open door opening. This splendid humanity doesn't disembark from a vehicle, they pour themselves outta a vehicle like 9 yards of lard poured out of a cement truck. A sight to behold and seen in the streets and avenues of nyc far more often than supermodels getting out of taxis in front of bloomingdales.

America - land of the big and the home of the brayed.

poty.

[AngryScientist]

This is what car drivers carry insurance for - accidents. it's simply malicious for them to go after the kid in such an accident.

unfortunately oldP is likely right. even though the kid is probably 100% in the right, probably need a lawyer familiar with the applicable laws and processes to straighten it all out. more incurred cost.

at least he wasnt hurt badly, the rest can be sorted.

[redir]

I can't imagine a judge not siding with the kid in this case. Dooring is like getting hit from behind, it's always the persons fault who hits you from behind. I got hit by a guy who pulled out of a parallel parking spot on my bike. The idiot cop gave me a ticket and the insurance companies were after me. My bike went flying through the air and hit another car. They came after me, I ignored it till it went to court where the judge dismissed it and then never came back.

They are probably just threatening him in hopes for something.

[OtayBW]

I hate to say it but fat people inside of taxis rarely give any indication because when they get outta a cab they fling the door wide open. Boom! They gotta get that door fully wide open so that they can extricate themselves from outta the pit that is was their cocoon in the back seat of the car. They lack any core strength to balance themselves in getting out of a cab; there is sheer dead weight to hoist themselves out - using both hands and ankles hooked to the wide open door opening. This splendid humanity doesn't disembark from a vehicle, they pour themselves outta a vehicle like 9 yards of lard poured out of a cement truck.

poty.
Yes - Can we please make this a sticky? :hello:

[thollandpe]

.

[EchelonLeft]

Dr Lux They're trying to get him to pay for the door.

If the car party hasn't contacted the kid via lawyer, they are probably trying to scare him into paying.

Get an attorney and that attorney's contact info.

Tell the driver "Contact our attorney."

Dollars to doughnuts, they don't.

If your friend wants a new bike, have the attorney contact them.

[ultraman6970]

What sucks here is that probably a lawyer for this kid will be more than a new used bike.

[zzy]

There is an accident report and a witness, and you/they haven't contacted a lawyer yet? Many will work on spec (receive a percentage of collected amount upon resolution) for a case like this. At minimum the child is entitled to be fully compensated for all documented damages to his bike, clothes, and person (thankfully the latter doesn't appear to be the case).

I suspect coming after the child is an attempt to suppress litigation by 'settling' the claim via mutually agreeing to drop it if the child's parents waive their right to bring their own claim. A lawyer can be invaluable in dealing with insurance companies, who have an army of people whose sole job is to mitigate costs incurred by claims.

[RFC]

I don't know the specific law of the jurisdiction, but it should be easy to find out. If is likely to be either a strict liability issue (parked driver always liable) or a negligence issue (timing -- was the door open for a sufficient period of time to allow a properly observant cyclist to see the hazard and safely maneuver around it?). But that's just law school speculation, which is so much fun!

I have to believe that we have a Cal lawyer here who can answer the question.

Agree that the driver is attempting leverage some settlement. I've been through this. Sometimes they go away and sometimes they might get a lawyer(usually a friend from church who reluctantly agrees to take a few steps for free). The reality is that the actual losses to each side probably don't justify legal fees. Driver's collision insurance should take care of the door (with deductable). Maybe homeowners might cover the kid. First step, parents should talk to their carriers and see if there is any recourse.

The rule of law is a blunt tool and sometimes life sucks and you don't get compensated for loss.

[oldpotatoe]

What sucks here is that probably a lawyer for this kid will be more than a new used bike.

Contingency, car driver will pay.

[RFC]

Contingency, car driver will pay.

The problem here is that the damages are, in the great order of things, small potatoes (pun intended). I wonder if the potential damages pot is large enough for anybody to take this on a contingency (which would be a percentage of the amount of money the kid would receive).

[oldpotatoe]

The problem here is that the damages are, in the great order of things, small potatoes (pun intended). I wonder if the potential damages pot is large enough for anybody to take this on a contingency (which would be a percentage of the amount of money the kid would receive).

Might be short work for a decent attorney, so at least the kid would get a new bike, the attorney will get compensated, and the driver, or his insurance company, will learn something. The kid/parents won't know till they talk to one(initial chat normally freebie).

[Dr Luxurious]

thanks guys

I sent them the code sec referenced above.
I'll pass along what's been said about whether the door was open/ajar.
I'll see if I can get them to call Saul for at least an initial consult. I think they should turn the tables and threaten a civil suit...

[verticaldoug]

thanks guys

I sent them the code sec referenced above.
I'll pass along what's been said about whether the door was open/ajar.
I'll see if I can get them to call Saul for at least an initial consult. I think they should turn the tables and threaten a civil suit...

Lawsuits suck the life out of all parties involved (except Lawyers).
No serious injuries, count your blessings and move on.

[unterhausen]

jeeze, no, don't move on. Get an estimate from a bike shop and ask the insurance company where they want the hospital bills submitted. Lots of people report that hiring a lawyer pays for itself. The law is clear.

[RFC]

Lawsuits suck the life out of all parties involved (except Lawyers).
No serious injuries, count your blessings and move on.

That true! Take it from a recovering litigator.