According to a judgment by the district court of Cologne, a driver is 100 percent liable for a dooring accident and has to pay compensation for pain and suffering.
In "dooring" accidents, a cyclist collides with a car door that suddenly opens. Accordingly, injuries to cyclists are often severe. Evasive maneuvers can also lead to serious injuries. In the case under discussion, a racing cyclist collided with a driver's door and was seriously injured.
Driver must rule out danger
The driver's insurance initially only recognized 75 percent liability because the cyclist was too close to the parked car. The insurance company also argued that the cyclist could have noticed that the door opened after parking. On the other hand, the cyclist had sued and was right.
The driver must behave when opening the driver's door in such a way that endangering others is excluded, the court announced on Wednesday (31.8.2022) (Az: 5 O 372/20). It cannot be assumed that the cyclist kept too little lateral distance. There was a lot of traffic. The fact that the racing cyclist said he was traveling at more than 30 km/h cannot be blamed either. He could not have expected "such gross carelessness on the part of the driver". Accordingly, the accident opponent has to pay compensation of 7,500 euros because he is restricted in his profession as a doctor and in his free time.
Dooring is common
According to extrapolated statistics from the insurers' accident research (UDV), accidents involving cyclists and pedestrians in connection with parking are 18 percent. Official statistics speak of five percent.
Conclusion
After a verdict, a driver is 100 percent liable in a dooring accident and has to pay compensation for pain and suffering. In the specific case, a racing cyclist had an accident with a car door at high speed. The driver's insurance initially only recognized 75 percent of the liability - the cyclist complained and was right.
