A huge risk to riders in Melbourne is being car doored – a car door is opened onto the path of an oncoming bike. The cyclist may swerve or hit the car door, either way often having an accident that may or may not result in injury. Between 2011 and 2016 there were 771 car doorings involving bike riders, with two fatalities and 177 serious injuries.
Cyclists are regularly injured or even killed on the roads due to the actions of other drivers on the roads. This can occur due to a sideswipe, collision, near-misses, doors opening (‘car dooring’) or potholes. Some cycling accidents may be eligible for compensation claims with governments. Vanessa Ash can help guide you through the process.
Car dooring someone is an offence with fines attached
It is an offence to cause a hazard to a person or vehicle by opening a car door, leaving a car door wide open, or getting in to or out of a vehicle. This covers opening a car door into a cyclist, someone getting off a motorcycle, or getting off a bus. Fines were increased in 2012 for this offence.
You may be entitled to compensation payments for:
- Past and future medical expenses
- Past and future loss of income
- Money for pain, suffering, distress, loss of quality of life
- Nursing or home help care by agencies
- Out-of-pocket costs like home modifications
In 1995, laws changed to protect cyclists hit by car doors being opened in their path, though many cyclists are unaware of this. This means many cyclists are entitled to payments and care they may not be getting.
If you have had an accident on your bike, call us for advice. We may be able to help you get the compensation you are entitled to.
Pothole bike accidents
Pothole accidents are not covered by TAC, but are due to a poorly maintained road or path. A pothole may cause you to fall off your bike and seriously injure yourself either by swerving or hitting the pothole. A bike accident involving a pothole must be proved to have been the fault of another party (i.e. a council for poor upkeep). This can be complex, and you will likely need legal advice.
Don’t leave your story to chance. Call Vanessa Ash and Associates.