[tlg]

Looks like a win for injured cyclists for a change.

$2.4 million award in Philly bicyclist's injuries 'sends message' to drivers NewsWorks

A Philadelphia jury has awarded a bicyclist $2.4 million in a lawsuit. Why? As city bicyclists would put it: She got doored.

Ashley McKean was seriously injured in 2011 when a driver opened a car door in her path near Broad and Spring Garden streets. After she was hit by the car door, she was run over by a van that was following too closely, said her attorney, Chris Brill.

Brill said the driver of the van claimed that the cyclist should have been riding on the sidewalk, which is illegal, instead of the road.

He said the $2.4 million award is significant.

"I'm not aware of any verdict of this magnitude for a bicycle rider who was struck by an open car door," he said.

The Bicycle Coalition of Greater Philadelphia's Sarah Clark Stuart agreed that the award is precedent-setting.

"I think that it does send a very strong message that bicyclists need to be taken seriously, and their safety needs to be taken seriously," Stuart said. "So I hope that it gives everyone pause to follow the rules of the road and keep safe out there."

She hopes it prompts motorists to follow the rules of the road about not following bicyclists or opening doors in the path. Each driver involved in the accident was found partially liable -- the van driver for following the biker too closely and the car driver for opening the door into McKean's path.

 

[AndreyT]

I wonder how that liability is split between the driver that opened the door and the driver that followed too close. The article says each is partially liable...

 

[SauronHimself]

I need to email this to my lawyers. My injuries and lack of mobility weren't as bad as this woman's, but in my opinion this could help set a precedent for cyclists. This notion of getting treated as second-class citizens in the eyes of the courts has to stop.

 

[LVbob]

A nice win for cyclists. It will be interesting to see if it does indeed set a precedent that will be used in deciding other cases.

Note that this was a civil case. I wonder if either of the drivers were cited for breaking any laws.

 

[crit_boy]

I smell remittitur.

 

[CliffordK]

Was the van following too close, or merely passing a cyclist who was riding in the bike lane, with no room to maneuver?

I certainly try to watch vehicles when I'm passing rows of parked cars, and try to give hand signals to vehicles who are around me in traffic.

I don't think the city should be held blameless. Part of the city planning is to design roads and paths that are SAFE. It is complicated dealing with multi-use roads, but not necessarily safe to run bicycles along side of rows of parked cars.

Most of the roadside bikepaths I've been on don't also have on-street parking, although certainly there are places where I've passed parked cars.

It has been a while since I've read the driving manual cover to cover, but I don't remember anything about how to open a car door. Look in the mirrors, look back, open the door slowly so that it can be seen by vehicles around onself. Look before stepping into traffic. All common courtesy, but some people are oblivious to their surroundings.

Here's an idea. Add a hydraulic dampener on door opening, so it takes about 2 seconds to fully open a car door, thus allowing bicycles and cars to react to someone opening a door to exit.

 

[SauronHimself]

I wonder how that liability is split between the driver that opened the door and the driver that followed too close. The article says each is partially liable...

"After a week of arguments, the 12-member jury took just seven hours to deliver a verdict in which they assigned liability 43% against Marci Shepard and 36% against Robert Crawford, with Ashley regarded to have contributed 21% to her own injuries."

Compensation Claim for Injuries in a Cycling Accident Resolved at Court - Accident News

 

[Special Eyes]

Too bad this will be appealed many times, eventually giving most of whatever award money is left to the lawyers, who suffered no setbacks or injuries at all, except the possible future symptoms of back pain from lifting all the cash they will take home from this.

 

[Keoki]

I hope she gets every penny.

 

[TJay74]

I wonder how they found her 21% liable for just riding on a road in a legal manner.

 

[Akirasho]

I wonder how they found her 21% liable for just riding on a road in a legal manner.

... because, as an experienced cyclist, she knew the risks of riding in the presence of ashwipes...

 

[SauronHimself]

I wonder how they found her 21% liable for just riding on a road in a legal manner.

My guess is she didn't exercise due care to stay clear of the door zone.

 

[mikerp]

My guess is she didn't exercise due care to stay clear of the door zone.

My guess as well.
Using Google Earth and looking at Broad St Philly, it looks to be the standard 4 lane with cars parked on the side. Whenever I don't take as much of the lane as I should, (yesterday) I inevitably get reminded to take more (pickup decides he has to pass me with another vehicle oncoming - and opts to squeeze through by a CH - regardless of the 3 foot rule).

 

[Akirasho]

My guess as well.
Using Google Earth and looking at Broad St Philly, it looks to be the standard 4 lane with cars parked on the side. Whenever I don't take as much of the lane as I should, (yesterday) I inevitably get reminded to take more (pickup decides he has to pass me with another vehicle oncoming - and opts to squeeze through by a CH - regardless of the 3 foot rule).

... or as many drivers call it... damned and damned.

 

[looigi]

I hope she gets every penny.

She won't. Lawyers will take a share. And part of it may be taxable...

 

[TJay74]

Injury settlements are tax exempt.

 

[love4himies]

I need to email this to my lawyers. My injuries and lack of mobility weren't as bad as this woman's, but in my opinion this could help set a precedent for cyclists. This notion of getting treated as second-class citizens in the eyes of the courts has to stop.

I agree, the carelessness of drivers has got to stop. I hope it helps your case

 

[SauronHimself]

Injury settlements are tax exempt.

Specifically pain and suffering, property damage (destroyed bike in this woman's case), and medical bills. Lost wages, however, are still taxed since wages are always taxed.

 

[mat-with-one-t]

Cycling Safety in the wake of the Melbourne Dooring | Bicycles Network Australia

Here's a recent one here in Australia. There have actually been laws passed in Australia making "dooring" an offence - that is, it is the onus of a driver to check before opening their door.

Watch that door! | Ride On

 

[looigi]

Specifically pain and suffering, property damage (destroyed bike in this woman's case), and medical bills. Lost wages, however, are still taxed since wages are always taxed.

...and I punitive damages are also taxable.