Truck Driver Opened Door and Cyclist Ate The Road. Who Is at Fault?

Optimistic Goat on 06/06/2019 - 15:14
Last edited 07/06/2019 - 15:56

Hey guys, so I had the unfortunate experience of getting knocked off my bike by an opening vehicle door yesterday.
A little bruised and battered but overall I got by relatively unscathed. However, the same can not be said for my bike or my laptop that was in my backpack. Both will need to be repaired.

Generally, when I ride I try to ensure that I maintain enough room for cars to open doors and for vehicles to overtake me. However, in this specific scenario, the truck in question was much further out than the cars usually are on this street as he was about to start unloading and as there were cars behind me, potentially about to overtake, I was wary of going too far out into the moving vehicle lane.

By the time I saw the door beginning to open, it was far too late for me to swerve out of the way, and so I clipped the side of the door and went sailing off my bike. Luckily the road was fairly wet, so I slid for a while and kept most of my skin. While the car behind me was able to stop in time. Overall I consider myself quite lucky in the scheme of things.

Now to the theoretical component of this post. Who would you consider to be at fault in this scenario? As a cyclist I know it is my responsibility to leave enough room for opening car doors, and I failed to do so here. While I also think it is generally a good idea to check your side mirror before opening your door on a busy road.

The truck driver was very helpful in getting me off the road and ensuring I was physically ok. We didn't exchange contact information though, as his truck wasn't damaged. I have since chosen a 3rd party insurance plan, as the financial liability of cycling had not occurred to me until this incident.

Below is the obligatory MS paint diagram
https://imgur.com/a/YVcavG6

EDIT:
I appreciate everyone who has added to this discussion. In hindsight, I should have taken contact details, I was just pretty shaken up and presumed that I was at fault. Repair quotes for my laptop are ranging between $500-$600, so while this is an expensive lesson, I am still very thankful I got by with very little bodily damage.

Poll Options expired

  • 379
    Truck driver is at fault
  • 41
    Cyclist is at fault
  • 9
    Both parties are at fault
Automotive

Comments

  • ozboygsl on 07/06/2019 - 10:01
    +1

    you didnt exchange information??????

  • RichardZed on 07/06/2019 - 10:22
    -2

    Both at fault one for not looking the other for not anticipating.

  • dec1an on 07/06/2019 - 11:22
    +2

    The 'Dutch reach' should be part of all driving licence tests nationally: https://www.youtube.com/watch?v=GzIf80eSfCg
    The law is absolutely clear on whose fault it is, so the poll might as well be 'does gravity exist'

    • pegaxs on 08/06/2019 - 08:48
      -1

      “BeCaUsE DuTcH DoOr MeThOd iS BeSt MeThOD”

      This guy has clear view of bike coming down the road.

      And making it part of the test, people will do it for the test and never again. They also teach people not to speed, run red lights, park in the right places, don’t drink and drive, etc etc, but this forum is still full of topics on people getting tickets for these offences. If testing and teaching people not to park like a retard is already in force, but people still park like said retards, how would making “Dutch door method” part of the teaching/testing be any different?

      • dec1an on 11/06/2019 - 14:29
        -1

        You don't understand the difference between 'is' and 'ought'.

        • pegaxs on 11/06/2019 - 16:04

          Slow down, breathe and re-read what I wrote.

          They "ought" to make it part of national tests, but it would achieve nothing to very little.

          What "is" currently being tested in driver tests are parking, stop signs, traffic lights and speeding, yet this forum is full of people complaining about these types of tickets. Why, if there is already training and testing of these things, is anyone getting any tickets?

          So, please, explain to me how, with all of the testing that "is" currently being done for drivers, how people still manage to break the rules. Please, explain to me how teaching and testing people how to open their car door would have this enormous benefit when the current set of teaching and testing isn't able to stop people driving like utter idiots.

          I cant wait for the Road Rule legislation that gets laid out and people get booked for "Failure to open car door with opposite hand, across the body."

  • Peck on 07/06/2019 - 11:45

    In Bangkok motorcyclists weave in and out of traffic, and often slide up the curbside between the curb and cars. Very frequently, and sometimes in stationary traffic, taxi passengers open the curbside door to alight, and clean up motorcyclists. Especially in stationary traffic it is not obvious to motorcyclists that the taxi has stopped to drop off passengers.

  • paulinspace on 07/06/2019 - 11:57
    -1

    Truck drivers fault but no harm done. I think its cute that you felt like you were partly to blame. On most roads its a fine line between space for doors and staying far enough out of the traffic.
    It is true cyclists never consider the potential liability for damage to cars. So good you got the lesson with no harm done and no bill to pay. Next time may be your fault, so at least you will be covered.

    • Euphemistic on 08/06/2019 - 09:34

      That makes no sense. The person who opened the door was at fault, they would be liable for damages, not the cyclist.

  • [Deactivated] on 07/06/2019 - 12:08
    +12

    Remember when a cyclist died on Sydney road because a driver doored them in to oncoming traffic? It's always the drivers fault if a cyclist gets doored

    • wannagrababargain on 07/06/2019 - 14:07
      +8

      +1 Some comments in this thread are just silly.

      It's the parked car that has to "give way" to the moving traffic. You can't just shove any part of your car (door, wheels, bonnet or otherwise move) out into moving traffic (whether that traffic be cars, pedestrians, cyclists or horses) without looking or properly giving way. There is no special caveat just because it was a bicycle that crashed into the truck due to negligence of the truck driver. Truckie would be at-fault all the same if it was another car or a donkey who ran into the truck.

  • [Deactivated] on 07/06/2019 - 12:13
    +1

    If this happens to anyone, whatever you do, stay out of traffic even if it means taking the door to the face. Better off hurt than dead

  • 13 on 07/06/2019 - 14:57

    Truck driver fault. But i sick of cyclists on the road in packs when there a cycle lane and they go 4 accross the road instead of single file. Also they should be paying a rego, the amount of cycle lanes around here.

    • DJR9000 on 07/06/2019 - 15:48
      +4

      Legal to ride 2 abreast actually, single file isnt the law

    • Euphemistic on 08/06/2019 - 09:36

      It even legal to be three abreast if the third is overtaking the other two.

      Quite often if you are looking at a cyclist bunch from the end it will look like more than 2 abreast, because they are close together, but typically it would be only a pair of 2 abreast, with more pairs in front or behind slightly offset.

    • releasethekr4cken on 09/06/2019 - 10:53

      My nephew is 8 and rides his bike to school, how much training should he book to get his bicycle license? How much money should he pay in rego? if he also has a scooter does he require to get a seperate rego? what about if rollerblades make a come back?

      Rego and licensing for bicycles is simply a dumb idea and it doesn't even have legs.

      "the amount of cycle lanes around here" where? I just looked left and right, didn't see a cycle lane.

      • 13 on 09/06/2019 - 15:21

        I think the best way would be to include it in the purchase price of new bikes, say 15% of price,i never thought about scooters but i like your line of thought.

        • Euphemistic on 10/06/2019 - 19:17

          Cool idea for rego. I already have my bikes or buy second hand so I get free rego?

          15% off price added to a bike? That’s ridiculous, my last new bike I’d have ended up paying more in rego than for my car.

    • backpaqer on 10/06/2019 - 13:16

      Yeah rego and licenses, so that everyone losing their car license has to walk. We need more fat people. I'm sure our trains can cope with the extra people too, nobody really needs to be able to sit, make em all stand or pay extra for a seat. How about everyone on Centrelink benefits has to ensure that you get every green light to where you're going, that would be a good use of our tax dollars surely.

  • bomhee13 on 07/06/2019 - 15:50
    +4

    One of my pet peeves in general are parked cars that swing their door wide open as a car is coming. I barely come across anyone who checks their side mirror before opening…

  • vengeance88 on 07/06/2019 - 16:27
    +3

    where do i upvote for the quality of your diagram?

  • ahly92 on 07/06/2019 - 19:07

    Truck Driver Opened Door and Cyclist Ate The Road. Who Is at Fault?

    Based of the title don't see how the truck driver is at fault…who da f eats roads?

    Jk..yeah truck driver

  • Kamsi on 07/06/2019 - 19:42

    Yeah it sucks when some people are very inconsiderate when they open the car door without realizing there is vehicles coming through. I'm not saying all cyclist are angels :) I have fair share of seeing disgusting behaviors from cyclist.

  • Miss B on 07/06/2019 - 21:15

    Wondering if you're trying to paint motor vehicles in a negative light and the cyclist more positively and that's the reason for the red/green in the picture. Just kidding, truck driver at fault.

  • wallet72 on 07/06/2019 - 21:34
    +1

    isn't there a name for a method of opening your door with your 'off' hand so it forces you to twist and look before you open the door?

    • [Deactivated] on 07/06/2019 - 21:58
      +1

      Dutch Reach. Probably also a sex act.

  • [Deactivated] on 07/06/2019 - 22:02

    Truck driver is at fault. Although when I ride along parked cars I keep an eye on any of the cars with people in them, preparing for a door to suddenly manifest in front of me. After all, they might be at fault with the insurance but I'm the one who could be killed. I walk/ride/drive assuming everyone on the road/paths is an incompetent moron who is actively out to kill themselves and/or me.

  • boujee on 08/06/2019 - 06:12
    -1

    Solution: Ride on the sidewalk and not the road.

  • ozbjunkie on 08/06/2019 - 07:18

    Truck driver at fault.

    I am always scared for cyclists. You're riding on a 20cm safe strip between opening doors and overtaking traffic. One fall and you're dead.

    Ok the other hand, cyclists riding 15kmph slowing down the bus lane during peak hour is the opposite of environmentally friendly. I wonder why cyclists don't always take a parallel back street rather than a main thoroughfare when available? Educate me?

    PS glad you're ok OP, you seem like a nice person, and a responsible one too, and you're not even having a winge. I don't think I'd be so composed.

    • Euphemistic on 08/06/2019 - 12:52

      Ok the other hand, cyclists riding 15kmph slowing down the bus lane during peak hour is the opposite of environmentally friendly.

      No it’s not the opposite of environmentally friendly. It’s just a bit inconvenient for the bus passengers. Most riders on the roads will be doing 25+ and will often get stuck behind a bus that is frequently stopping for passengers. The average speed of a bus on a busy route is pretty slow.

      • ozbjunkie on 08/06/2019 - 13:04

        Nah the bus lane is the one place you're not travelling at walking speed during peak hour in my area. I should add that there is a slight uphill section lasting for about 5kms that seems to take the wind out of most riders I see.

        I'm not an engineer, but 70 people on a bus travelling 1/3rd it's usual speed, or less, is more wasted fossil fuel than is being saved by one cyclist. Not to mention the inconvenience to others. If you can't even close to keep up with traffic, cycle in a road where others can easily overtake, like a parallel side street.

        • Euphemistic on 08/06/2019 - 14:03

          If only there were parallel side streets or cycle paths everywhere cyclists want to go! Sadly, most of the routes I want to take around here have one solution for getting A-B and it involves a busy road. Don’t get me wrong, if there is a suitable alternative that doesn’t involve a significant detour in all for it, but unless you live in a place set out in rectangular blocks a side street going the same way as a main road is pretty rare.

  • lltravel on 08/06/2019 - 09:00
    -6

    When you pay rego then I will care. Right now stay off the road.

    Bikes should be on the footpath. I am glad that one bike is off the road

    • Euphemistic on 08/06/2019 - 09:39

      You best petition your local politicians to allow us to ride on the footpath then. It’s not legal here in nsw, so I’ll have to ride on the road.

      Paying rego is a furphy. General revenue and rates pay for the roads, not registration. Everyone pays for roads, and the right to use them wether they use them directly, or indirectly by having their goods and services supplied by the road network.

    • Never Pay RRP on 12/06/2019 - 16:13

      Do pedestrians also need to stay off "your" roads? Last I checked not all "walkers" are required to pay rego, and are always walking across your precious roads

  • callum9999 on 08/06/2019 - 09:17
    +1

    I find it pretty interesting how much people hate cyclists nowadays. It even conditions cyclists to feel they are somehow doing something wrong by daring to use the road…

    Replace the bicycle in this scenario with a car. I doubt anyone would say a car is at fault if someone opens a door into it - why would a cyclist therefore be at fault (or even be contributing to the issue at all, as many of you who agree the truck is at fault also add to your argument).

    The argument that bikes should be driving in the middle of the lane, blocking all cars behind it, is just moronic. From a safety point of view I'd love that to be the case, but slowing down the speed of traffic on roads to match the speed of bikes is rather implausible.

    • Euphemistic on 08/06/2019 - 09:41

      slowing down the speed of traffic on roads to match the speed of bikes is rather implausible.

      Slowing down the speed of traffic in built up areas is a great idea. Reduces congestion, pollution and crashes, and doesn’t really make a lot of difference to travel times in built up areas, traffic lights and traffic jams slow everyone down on average anyway, so why not make it slower so bicycles create less impact.

      • BertieBrown on 08/06/2019 - 12:31

        I’d add, the amount of times someone is tailgating, or speeding, or running red lights, or driving dangerously to take maybe, what, 5 minutes off of their commute time? It’s ludicrous. The risk versus reward ratio that drivers employ is so often, just insane.

  • superuser on 08/06/2019 - 10:33
    +2

    This is in the test when you apply for a license.

    CG123 - General Knowledge RUH
    Before getting out of your vehicle you must:

    • Check your mirrors and blind spots for pedestrians, bicycles or other
      vehicles.
  • whooah1979 on 08/06/2019 - 14:37
    +1

    Where is the dashcam?

    • Euphemistic on 08/06/2019 - 17:01

      Pointing out the front of the truck completely useless for this purpose.

  • Blitzfx on 08/06/2019 - 23:54
    +1

    Nice to see OzVictimBlaming alive and well here.

    Glad you're still alive OP. I knew a person who died because of that. They hit the door and fell onto the road, into the path of a vehicle.

    https://www.heraldsun.com.au/news/victoria/cyclist-dies-afte…

  • Gamer Dad Reviews on 09/06/2019 - 09:42

    Glad you're alive OP. Don't worry I'm sure a good bargain will pop up on Ozbargain soon for you to get an even better laptop for a steal.

  • Name on 09/06/2019 - 16:23

    I nearly collected a police officer about 2 weeks ago. He pulled over and just swung his door open. I had to sweve into the second lane to just miss the door.

  • backpaqer on 10/06/2019 - 13:17

    Also, in Victoria a cyclist doesn't even have to impact with the car. If the action of the driver is such that it causes the cyclist to fall off, driver is liable.

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