The Law Offices of James M. Freeman, P.C.

From time to time I get calls from people who were injured in the process of avoiding a collision. Take the "dooring" example. In broad daylight ND (negligent Driver) parks his car on the east side of State Street. He spends a couple minutes turning things off and collecting his things before opening his door without looking. At exactly that same time, IC (Innocent Cyclist) is traveling northbound on State Street approaching and passing ND's car. IC sees ND's car door open just in time to swerve out of the way. She narrowly avoids hitting the door, but in doing so IC loses control of her bicycle and crashes causing injury and damage to her bicycle.

Often ND and IC are under the mistaken impression that there must be actual contact between the car and the cyclist. This is not true. Had it not been for ND's negligent and careless act of opening the door without looking IC never would have been injured and her property would not have been damaged. Under these facts IC has a valid claim for personal injury and property damage against ND.

This situation should be treated as any other accident regardless of whether or not there was any actual contact. Call the police, exchange information, get witnesses, seek medical attention, preserve evidence, and take pictures of any damage or injuries.