- What is a bicycle dooring accident and why does it happen?
- Who is at fault for dooring a cyclist?
- What do Texas, California, and Illinois laws say about opening car doors into traffic?
- How does comparative negligence affect fault in a bike dooring accident?
- What evidence proves a dooring accident claim?
- Which insurance pays for a car door bike accident?
- What damages can you claim after a bike dooring crash?
- Can you recover for a no-contact dooring crash if you swerved and fell?
- How do you report a bike accident in Texas, California, and Illinois?
- What are the statute of limitations deadlines for bicycle dooring claims?
- Do special rules apply if a city bus, municipal vehicle, or government worker is involved?
- Do local rules in Houston, Dallas, Austin, San Antonio, Los Angeles, San Diego, San Francisco, Sacramento, Chicago, Naperville, or Springfield change anything?
- What if the dooring involved a rideshare, taxi, delivery driver, or commercial vehicle?
- How are bicycle dooring claims handled for minors?
- What should you do immediately after a bicycle dooring accident?
- Why is legal help important for a bicycle dooring injury claim?
- How can GoSuits help with a bicycle dooring accident case?
- Where can you find the laws and official resources cited here?
What is a bicycle dooring accident and why does it happen?
A bicycle dooring accident happens when someone in a parked or stopped vehicle opens a door into the path of a person riding a bicycle, causing a collision or a sudden evasive maneuver that leads to a crash. You might also hear it called a bike dooring accident, car door bike accident, or open door into traffic crash. In busy corridors in Houston, Dallas, Austin, San Antonio, Los Angeles, San Diego, San Francisco, Sacramento, Chicago, Naperville, and Springfield, dooring often occurs along curbside parking, rideshare pickup zones, outside restaurants, and in bike lanes placed next to parked cars.
Across the United States, bicyclist deaths have risen in recent years. National Highway Traffic Safety Administration data show 966 bicyclist fatalities in 2021 and 1,105 in 2022, with most fatal crashes occurring in urban areas and during non-daylight hours. While national datasets do not separately report dooring as a category, safety agencies and cities identify dooring as a frequent crash type in dense urban street networks with on-street parking and high cycling volumes. See NHTSA Traffic Safety Facts for bicyclists and other cyclists for current national statistics and trends (NHTSA).
Two common scenarios cause dooring:
- Driver-side door opens into a bike lane or right-hand travel lane as the cyclist approaches from behind.
- Passenger-side door opens into a bike lane or shoulder, often during rideshare or delivery drop-offs at the curb.
Most states treat dooring as a violation of laws that prohibit opening a vehicle door into moving traffic unless it is safe and does not interfere with traffic. Bicycles are traffic under state vehicle codes, so these rules apply to cyclists’ safety in the same way they apply to motorists and scooter users.
Who is at fault for dooring a cyclist?
Fault in bicycle dooring accidents usually turns on negligence: whether a person failed to use reasonable care under the circumstances. In many cases, the person who opened the door is primarily responsible because most states explicitly prohibit opening a door into moving traffic unless it is reasonably safe and will not interfere with traffic. This includes both drivers and passengers. The precise rule and wording differ by state, which matters for Texas, California, and Illinois claims.
Circumstances that often lead to primary fault for the person opening the door include:
- Opening into a bike lane or travel lane without checking mirrors and blind spots.
- Leaving the door open longer than necessary to load or unload passengers.
- Dropping off riders at unsafe curb locations where a safer pull-out was available.
There are also situations where fault is shared, such as alleged cyclist speeding, riding outside a bike lane where required, riding at night without required lights, or distracted riding. Those arguments go to comparative negligence, which we explain below. Fault allocation is fact-specific and varies by state law on negligence and comparative fault.
What does Texas law say about opening vehicle doors near cyclists?
Texas Transportation Code section on opening vehicle doors prohibits opening a door into traffic unless it is safe and without interfering with moving traffic, and prohibits leaving a door open longer than necessary to load or unload a passenger. See Texas statutes and Texas Transportation Code provisions on dooring and crash reporting. In Texas, the State Law Library’s bicycle law guide also clarifies that bicycles generally have the same rights and duties as motor vehicle drivers on the roadway (see Transportation Code Chapter 551), and that while Texas has no statewide three-foot passing law, several cities have adopted local safe passing ordinances.
Key takeaways in Texas:
- Do not open a vehicle door into moving traffic unless it is safe.
- Do not leave a door open longer than necessary to load or unload passengers.
- People riding bicycles have the same rights and duties as drivers with specific bicycle provisions under Transportation Code Chapter 551.
What does California law say about opening doors into bike lanes or traffic?
California Vehicle Code section 22517 states no person shall open a vehicle door 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 traffic, and no person shall leave a door open longer than necessary to load or unload passengers. See Cal. Veh. Code § 22517. Bicycles are defined as traffic participants with the same rights and duties as motor vehicle drivers under Vehicle Code § 21200. California also has a statewide three-foot minimum passing law at Vehicle Code § 21760, which, while focused on overtaking, reinforces the duty to avoid endangering cyclists.
What does Illinois law say about car doors and cyclists?
Illinois Vehicle Code provides that no person shall open the door of a vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic, and no person shall leave a door open longer than necessary to load or unload passengers. See 625 ILCS 5/11-1407. Bicycles have the same rights and duties applicable to drivers of vehicles, with specific bicycle rules in Article XV of the Illinois Vehicle Code, e.g., 625 ILCS 5/11-1502. Illinois also mandates a minimum three-foot passing distance when overtaking a bicycle under 625 ILCS 5/11-703.
How does comparative negligence affect fault in a bike dooring accident?
Comparative negligence divides responsibility when both the person opening the door and the cyclist are alleged to have contributed to the crash. The rules differ by state:
- Texas uses proportionate responsibility with a 51 percent bar. If you are 51 percent or more at fault, you cannot recover damages. Otherwise, your recovery is reduced by your percentage of fault. See Texas Civil Practice and Remedies Code § 33.001.
- California uses pure comparative negligence. Your damages are reduced by your percentage of fault, even if you are mostly at fault. See Judicial Council of California Civil Jury Instruction CACI No. 405 and the California Supreme Court decision in Li v. Yellow Cab Co. (1975).
- Illinois follows modified comparative negligence with a 51 percent bar. If you are more than 50 percent at fault, you cannot recover; otherwise, your recovery is reduced by your share of fault. See 735 ILCS 5/2-1116.
Typical comparative negligence arguments in dooring cases include:
- Speed and lane position: Cyclist speed, traveling outside a bike lane where required, or riding too close to parked car doors.
- Lighting and conspicuity: At night, whether front and rear lights or reflectors were used as required by state law.
- Door-opening conduct: Whether the driver or passenger checked mirrors and blind spots, opened slowly, and waited for the cyclist to pass.
Even when comparative negligence applies, many states treat violation of a safety statute like the door-opening laws as evidence of negligence. The weight and effect of a traffic citation vary by jurisdiction.
What evidence proves a dooring accident claim?
Evidence helps establish who is at fault for dooring and the extent of your losses. Focus on gathering and preserving the following:
- Scene photos and video: The door position, bike lane striping, debris field, skid scuffs, vehicle position, signage, and lighting conditions.
- Door mechanics: Which door opened, by whom, and the swing arc relative to the bike lane or travel lane.
- Witness statements: Names, phone numbers, and recorded statements, including rideshare passengers, delivery drivers, or nearby businesses.
- Police report: Officer’s diagram, any citations under the door-opening statute, and body-worn camera references.
- Video sources: Storefront cameras, transit agency cameras, residential doorbells, and dash cams.
- Bicycle inspection: Handlebar or fork damage patterns consistent with a lateral impact or evasive crash.
- Medical records: Immediate and follow-up treatment, imaging, and physician notes linking injuries to the crash.
- Trip and app data: Bike computer, smartwatch, or app GPS showing speed, location, and time. Rideshare trip logs help identify involved vehicles and insurers.
- Cell phone records: Where distraction is suspected for a driver or for apportionment defenses.
Which insurance pays for a car door bike accident?
Depending on fault and coverage, several policies may apply:
- At-fault driver’s auto liability insurance: This is typically primary for injuries and property damage from dooring. Liability coverages are regulated by each state insurance department.
- Passenger-caused dooring: The vehicle owner’s liability policy usually responds when a passenger opens the door, though facts and policy language matter.
- Your Uninsured/Underinsured Motorist (UM/UIM): If the at-fault party is uninsured or underinsured, your own UM/UIM can cover bodily injury while riding a bicycle in many policies. See state consumer guidance, such as the Texas Department of Insurance and the California Department of Insurance.
- Medical Payments (MedPay) or Personal Injury Protection (PIP): May provide no-fault medical coverage regardless of liability, subject to policy terms and state availability.
- Homeowners or renters liability: Sometimes applies if a non-driver passenger opens a door that causes injury, depending on policy language and exclusions.
- Rideshare or delivery commercial policies: If the vehicle was engaged in a trip, commercial or platform-provided coverage can apply.
Insurance negotiations in dooring accidents often involve disputes over liability, medical causation, and comparative fault. A bicycle accident attorney can coordinate multiple coverages and protect you from statements that may be used to minimize your claim.
What damages can you claim after a bike dooring crash?
In civil personal injury cases, recoverable damages generally include:
- Medical expenses: Emergency care, imaging, surgery, physical therapy, prescriptions, and future medical needs.
- Lost income: Time off work and loss of earning capacity if injuries affect your future work.
- Pain, suffering, and loss of enjoyment: Physical pain and limitations on daily activities and hobbies.
- Property damage: Bicycle, helmet, electronics, and gear.
- Out-of-pocket expenses: Transportation, home help, adaptive devices, and other crash-related costs.
States differ on damage caps for certain defendants, like government entities, and on available punitive damages. Your claim value also depends on liability, injury severity, policy limits, and evidence strength.
Can you recover for a no-contact dooring crash if you swerved and fell?
Yes. Even without contact, liability can exist if a driver or passenger negligently opened a door into the path of a cyclist, forcing a reasonable evasive maneuver that caused a crash. Negligence focuses on whether the person used reasonable care under the circumstances. Because bicycles are traffic, opening a door that interferes with their movement can breach the duty of care under the door-opening statutes discussed above in Texas, California, and Illinois.
How do you report a bike accident in Texas, California, and Illinois?
- Immediate notice to law enforcement: Texas law requires immediate reporting of crashes involving injury or death to the local police department, sheriff, or DPS. See Transportation Code § 550.026.
- Officer’s crash report: If an officer investigates, they file the report. Texas no longer requires the former CR-2 self-report for drivers.
What are the reporting rules in California?
- 24-hour driver report: When a crash results in injury or death and no officer is present to take a report, the driver must file a written report within 24 hours to the CHP or local police. See Vehicle Code § 20008.
- DMV SR-1: Any crash involving injury, death, or property damage of $1,000 or more must be reported to DMV within 10 days using Form SR-1. See California DMV SR-1.
What are the reporting rules in Illinois?
- Immediate police notice: Illinois requires drivers to immediately notify local police for crashes involving injury or significant damage and to remain at the scene under the Illinois Vehicle Code.
- Illinois Motorist Report: Illinois DOT requires a written Motorist Report within 10 days for crashes meeting reporting thresholds. See IDOT Crash Reports.
Even if an officer declines to come to the scene, you can still go to a station to make a report and document the event. Reporting requirements matter for insurance claims and legal timelines.
What are the statute of limitations deadlines for bicycle dooring claims?
Deadlines are strict and missing them can bar your claim:
- Texas: Generally two years from the date of injury for personal injury claims. See Texas Civil Practice and Remedies Code § 16.003.
- California: Generally two years for personal injury. See California Code of Civil Procedure § 335.1.
- Illinois: Generally two years for personal injury. See 735 ILCS 5/13-202.
Special shorter deadlines and notice rules may apply for claims against public entities, which we explain next.
Do special rules apply if a city bus, municipal vehicle, or government worker is involved?
Yes. Claims against government entities have specific notice and timing requirements, immunity defenses, and damage limitations that vary by state:
- Texas: The Texas Tort Claims Act requires notice of a claim within six months, and some city charters set shorter deadlines. See Texas Civil Practice and Remedies Code § 101.101.
- California: A written claim to the public entity generally must be filed within six months for personal injury before a civil suit can be filed. See Gov. Code § 911.2.
- Illinois: Suits against local public entities and their employees are often subject to a one-year statute under the Tort Immunity Act. See 745 ILCS 10/8-101. Claims against the State of Illinois may proceed in the Court of Claims under the Court of Claims Act.
Because these deadlines come quickly and have prerequisites, early legal help is critical to preserve your rights.
Do local rules in Houston, Dallas, Austin, San Antonio, Los Angeles, San Diego, San Francisco, Sacramento, Chicago, Naperville, or Springfield change anything?
Local ordinances can supplement state law. Examples include:
- Texas cities such as Austin, San Antonio, Houston, and Dallas have adopted local safe passing ordinances and bicycle safety rules. While these focus on overtaking, they reflect a broader duty to avoid endangering cyclists. The Texas State Law Library compiles links to city bicycle ordinances and resources.
- California cities like Los Angeles, San Diego, San Francisco, and Sacramento implement bike lane designs and curb management rules that reduce door conflicts, and enforce state dooring law under Vehicle Code § 22517.
- Illinois cities including Chicago, Naperville, and Springfield have local traffic codes and protected bike lanes aimed at reducing dooring risk, and enforce state dooring law under 625 ILCS 5/11-1407.
Local policies also influence evidence. For example, bike lane design plans, curbside management maps, and posted curb use rules can help reconstruct how a dooring crash happened near loading zones or bus stops.
What if the dooring involved a rideshare, taxi, delivery driver, or commercial vehicle?
Dooring can occur during passenger pickup or drop-off. When a rideshare or delivery is involved, additional issues arise:
- Which policy applies: For app-based trips, platform-provided commercial coverage may apply during active trips, with different limits for en route, waiting, and offline periods.
- Passenger vs. driver conduct: A passenger may open the door, but the driver’s choice of drop-off spot, warnings to passengers, and hazard lights can be relevant to fault.
- Commercial drivers: Taxis, couriers, and service vehicles typically carry higher limits, but investigation is often needed to identify the correct insurer and coverage tier.
Promptly capturing trip logs, waybills, and telematics is important. These cases are evidence-intensive and often require coordinated requests to companies and insurers.
How are bicycle dooring claims handled for minors?
When the injured cyclist is a minor, states have special rules on:
- Statute of limitations tolling: Some deadlines pause until the minor reaches adulthood, though government claim deadlines often do not.
- Settlement approval: Courts commonly must approve settlements for minors and may require structured arrangements or blocked accounts.
- Parental claims: Parents may have claims for medical expenses paid on behalf of the minor.
State-specific requirements and court approval procedures can affect timing and documentation.
What should you do immediately after a bicycle dooring accident?
Your health and safety come first. When you can do so safely:
- Call 911 and get medical care. Even if injuries feel minor, some conditions appear later.
- Ask for police response and explain that a door was opened into traffic. Request that the officer note the applicable door-opening law and take statements.
- Photograph the scene, including the open door position, bike lane markings, debris, lighting, visibility, and any rideshare or delivery identifiers.
- Collect contact and insurance information from the driver and any passenger who opened the door, plus witnesses.
- Preserve your bike and gear for inspection. Do not repair or discard items until documented.
- Save app data and device logs from your bike computer, fitness app, or rideshare trip.
- Report the crash following your state’s rules and notify your insurer as required by your policy, without speculating about fault.
Why is legal help important for a bicycle dooring injury claim?
Dooring accident liability can look straightforward, yet insurers often dispute fault or minimize injuries. Legal help supports you by:
- Preserving evidence: Securing video, trip logs, and witness statements before they disappear.
- Applying state-specific rules: Navigating Texas, California, or Illinois comparative fault, statutes, and government claim deadlines.
- Coordinating coverage: Identifying all available policies, including UM/UIM and MedPay or PIP.
- Valuing damages: Building a record of medical needs, wage loss, and long-term impacts tied to the injuries.
- Litigating when needed: Filing suit, conducting discovery, and presenting your case when negotiations stall.
Companies defending dooring claims often raise comparative negligence, lighting, and speed arguments. Having someone focused on gathering the right proof early helps protect your claim and keeps you from making statements that can be taken out of context.
How can GoSuits help with a bicycle dooring accident case?
We understand the stakes after a dooring crash. If you are in Texas, California, or Illinois, our team handles civil injury cases like bicycle dooring accidents and related claims. Here is how we support you from day one:
What availability and communication do we offer?
- Available 24/7: You can reach an attorney or trained staff any time. We provide an immediate free consultation to hear your story, explain next steps, and begin preserving evidence.
- Multilingual service: We provide multilingual customer service, with 24/7 Spanish and Farsi speakers available to assist you and your family.
- Clear updates: We maintain regular communication so you know what is happening at every phase, from investigation through settlement or litigation.
What are our fee policies and cost transparency?
- No win, No Attorney Fees: We advance case costs, and you pay attorney fees only if there is a recovery.
- No hidden administrative fees: We explain fee terms in writing and answer cost questions up front.
How do our tools and case workflow help your claim?
- Proprietary case software: We built internal personal injury software used only by our firm to move your case faster, from early investigation and medical record collection to demand preparation, negotiation, filing suit, and discovery. We are a law firm that looks ahead of the curve to meet insurers with facts, timelines, and documentation organized for impact.
- Evidence-first approach: In dooring incidents, we quickly request police body-cam footage, storefront and dash videos, rideshare or delivery logs, and roadway design records to counter common defenses.
What is our experience and track record?
- 30 years of combined experience handling civil injury cases including bicycle, roadway design, heavy vehicle, and complex injury litigation.
- More than 1,000 litigated cases with settlement and verdict results published on our website. See examples at gosuits.com/prior-cases.
- Complex case readiness: In product liability matters, 18-wheeler crashes, and brain or spinal injury cases, we retain qualified witnesses in the state to establish liability and damages when needed.
- Multi-state litigation: We litigate severe injury and complex cases in Texas, California, and Illinois when negotiations fail.
- Awards and recognition:
- #1 settlements and verdicts across multiple U.S. counties according to TopVerdict.
- Top 100 Settlement in Texas.
- Sean Chalaki recognized as Top 40 Under 40 by National Trial Lawyers.
- Recognized by Best Lawyers in 2023, 2024, and 2025.
- Selected to Super Lawyers since 2021.
How are we different from volume firms?
- Quality over quantity: We are not a volume firm. We limit caseloads so we can dive into the facts, build the record, and tailor strategy to your goals.
- Local familiarity: We work regularly in courts across Texas, California, and Illinois, with knowledge of local practices that affect motion timing, discovery disputes, and trial scheduling.
Where are we located and how can we help immediately?
- Nearest offices: We serve clients across Texas, California, and Illinois, with attorneys and staff available 24/7. Same-day in-person, phone, or secure video consultations can be arranged at our Texas office at 3234 Commander Dr. Suite 800, Carrollton, Texas 75006; our California office in Irvine at 2082 Michelson Dr. Suite 315, Irvine, CA 92612; or our Los Angeles location at 11900 W Olympic Blvd. Suite 640, Los Angeles, CA 90064.
- Immediate steps: We can open your claim, send preservation letters for video evidence, request police and EMS records, and coordinate medical evaluation right away.
A free consultation can clarify your options, timelines, and likely evidence needs. We focus on getting you timely care and protecting your claim while you recover.
References and resources
- National Highway Traffic Safety Administration Traffic Safety Facts – National bicyclist crash statistics and publications.
- Texas Statutes – Transportation Code §§ 550.026, 551.101 et seq., 545 dooring provisions; Civil Practice and Remedies Code §§ 16.003, 33.001, and 101.101.
- Texas State Law Library: Bicycle Laws – State and local bicycle law overview and links.
- California Codes – Vehicle Code §§ 20008, 21200, 21760, 22517; Code Civ. Proc. § 335.1; Government Code § 911.2.
- California DMV SR-1 Accident Reporting – 10-day DMV reporting requirement.
- California CACI Jury Instructions – Comparative fault instruction No. 405.
- Illinois Vehicle Code – 625 ILCS 5/11-1407, 11-1502, 11-703.
- Illinois Code of Civil Procedure – 735 ILCS 5/2-1116 and 13-202.
- Illinois Tort Immunity Act – 745 ILCS 10/8-101.
- Illinois Department of Transportation: Crash Reports – Reporting thresholds and forms.
- Texas Department of Insurance: Auto Insurance Tips – Liability, UM/UIM, PIP, and MedPay overviews.
- California Department of Insurance: Auto Insurance Guides – Consumer coverage explanations.
Frequently Asked Questions
Is opening a car door into a cyclist always illegal?
Opening a door into moving traffic is prohibited unless it is reasonably safe and does not interfere with traffic in California and Illinois, and Texas law similarly restricts opening doors into traffic and leaving them open longer than necessary. Whether a specific act violates the statute depends on the evidence of safety and interference at that moment.
Who pays my medical bills right away after a dooring crash?
In many cases, your health insurance pays first. Your auto policy may include MedPay or PIP that can reimburse medical costs. Ultimately, the at-fault party’s liability insurer may pay as part of a settlement. UM/UIM coverage can apply if the at-fault party lacks adequate limits.
Do I need a police report for a bike dooring injury claim?
While not always required, a police report strengthens your claim by documenting key facts, laws, and contact information. Some states and insurers require reporting within certain timelines for full benefits.
What if the passenger opened the door, not the driver?
Dooring laws apply to any person who opens a door. The vehicle’s liability policy often covers passenger negligence, subject to policy language.
What if the cyclist was outside the bike lane?
Cyclists are not always required to use a bike lane, and there are many lawful reasons to leave it. Whether that affects fault depends on state law and the reasons for lane choice at the time.
Can I bring a claim if I am partly at fault?
Yes, in Texas and Illinois you can recover if you are not more than 50 percent at fault, with recovery reduced by your share. In California you can recover even if you are mostly at fault, with a reduction for your percentage.
Do I have to accept the insurer’s first offer?
No. You can negotiate and present additional evidence of liability, injuries, and losses. If negotiations stall, you can consider filing a lawsuit within the statute of limitations.
How long does a bicycle dooring claim take?
It varies based on medical recovery, evidence collection, and whether a lawsuit is filed. Claims involving multiple insurers or government entities often take longer.
