Advice / Law: So-called dooring accidents are unfortunately part of everyday traffic. For cyclists, a collision with a car door that suddenly opens can end badly. As is so often the case after an accident, the question of the guilt of those involved arises. A judgment from the summer of 2022 sheds at least a little light on dooring.
"Doorings" are traffic accidents in which a cyclist drives into an open car door. In such cases, the question often arises as to who is responsible and who must pay for the damage caused. A recent judgment by the district court of Cologne could exonerate cyclists in such cases. In July 2022, the court had to decide who was to blame when a man riding his racing bike crashed into the door of a parked car, which suddenly opened in front of him. The cyclist was traveling at around 30 km/h in a 50 zone and suffered serious injuries and damage to his bike as a result of the impact. He asked the court for damages and pain and suffering.
The defendant's insurance company admitted that the accident was caused by the open car door, but also saw the cyclist as partly responsible. She was only willing to take 75% of the damage. The reason: The 50 cm distance that the racing cyclist had kept from the parked cars was too small. The court now had to clarify who should be liable for the remainder. It found that the driver was at fault for the accident. The half-meter distance that the cyclist had kept from the car that caused the accident was sufficient in this situation. The fact that the racing cyclist was significantly faster than an "average cyclist" also played no role in the responsibility for the accident. Accordingly, the driver had to bear 100% of the damage.
It should be noted, however, that this was an individual judgment. Even if it indicates a trend, it does not mean that 50 cm distance from parked cars is sufficient in every situation. A safety distance adapted to the circumstances is recommended in any case. Of course, the main responsibility lies with the drivers, who should use the rear-view mirror and/or look over their shoulder before opening the door. This makes it easy to ensure that there is no collision with a cyclist.