Quote:
Originally Posted by fflint
California says othewise: any time any motorist or passenger opens any car door into any bicyclist, it is always and only the fault of the person who is "operating a motor vehicle in an unsafe fashion." Always. Every time. No exceptions. You open a car door and then a cyclist (or car or bus or garbage truck) hits that door, you are at fault. Imagine if it were not so.
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Really?
"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..." CA CVC 22517
"Bicyclists should ride far enough away from parked vehicles to avoid being hit by an opening door." California Department of Motor Vehicles Safety Tips for Bicyclists and Motorists (FFDL-37)
"When passing parked cars, stay toward the left portion of your lane. This way, you can avoid problems caused by doors opening, drivers getting out of cars, or people stepping from between cars. If oncoming traffic is present, it is usually best to remain in the center portion of the lane to maximize your space cushion." California Motorcycle Handbook
"Riding between rows of stopped or moving cars in the same lane can leave you vulnerable. A car could turn suddenly or change lanes, a door could open, or a hand could come out of a window." California Motorcycle Handbook
An interesting read about Door legal cases in oregon.
http://www.stc-law.com/bicyclecardoor.html
Frequently, the motorist is apologetic and completely willing to accept blame at the scene (in spite of the advice on many insurance identification cards "do not accept fault for the accident"), but by the time the motorist thinks about it and talks to an insurance adjuster or attorney, frequently their view of the accident changes. The revised version goes something like this: "I opened my car door with plenty of distance behind me for the approaching bicyclist to see it. If the bicyclist had been paying attention, he or she would have seen that my door was open and ridden around it. Since I only intended to have the door open long enough to get out of the car, the accident is mostly the fault of the bicyclist." Believe it or not, this argument is enough to inject a note of comparative negligence on the part of the bicyclist into the equation in most cases.
The percentage of comparative fault works a pro rata reduction in the amount of damages, so the effect is significant. Add the fact that most of the members of any jury will identify primarily with the motorist, not the bicycle rider, and you have a recipe for disappointment for an injured bicycle rider. Remember, under Oregon's system of comparative fault, if a jury decides that the motorist was partly at fault for opening the car door (less than 50%) but the bicyclist was mostly at fault (more than 50%) for failing to pay close enough attention and to make a reasonable effort to avoid striking the open door, then the bicyclist loses in court (even though the motorist violated the vehicle code by his or her own admission).
In Texas, bikes riders follow the same laws as drivers of motor vehicles.
PASSING ON THE RIGHT
In Texas and many other states, you may pass on the right only when conditions permit you to do so safely, such as:
1. The road is clear of parked vehicles or other things and is wide enough for two or more lanes in each direction.
2. You are on a one-way road.
3. You may pass on a paved shoulder when the vehicle you are passing is slowing or stopped on the main travelled portion of the highway, disabled, or preparing to make a left turn.
Do not pass on the right by driving off the paved portion of the highway.
BICYCLE TRAFFIC LAW
4. A bicyclist should always obey all traffic laws, signs, and signals. Never ride opposite the flow of traffic. Stop at all stop signs and stop at red lights.
5. A person operating a bicycle on a roadway who is moving slower than the other traffic on the roadway shall ride as near as possible to the right curb or edge of the roadway unless:
a. The person is overtaking and passing another vehicle proceeding in the same direction.
b. The person is preparing for a left turn at an intersection or onto a private road or driveway.
c. There are unsafe conditions in the roadway such as fixed or moving objects, parked or moving vehicles, pedestrians, animals, potholes, or debris.
d. The lane is too narrow for a bicycle and a motor vehicle to safely travel side by side.
The Texas Driver's Handbook doesn't address vehicle occupants opening doors at all. In Texas, bike riders are expected to avoid dooring by giving parked cars a safe clearance.