Lane splitting accident

[rlast]

Well, just had my first down in 15 yrs(2 in CA.) of riding. I was proceeding south down College in Berkeley, cars were stopped for light and as I was proceeding between stopped cars and parked ones(doing only 5 mph or so) Suddenly, this woman in a Prius opens her door and hits me(door on my leg) sending me and bike into the stopped car beside me. So passer byes freed me from my bike and for a minute, couldn't even walk with the intense pain on my knee. In a couple of minutes, the pain subsided and I was able to walk and collect insurance info. etc. My bike sustained a bent mirror and the car my bike hit suffered some minor scratches.
So, 2 days later my knee still hurts and well as my upper thigh. Have to see what the doc. says. So, I'm just in the process of contacting insurance, not sure who will be responsible for damage on car my bike hit.
Actually, the only time I ever split lanes is during stopped traffic, so, take heed all, keep the eyeballs peeled on the doorknob drivers in parked cars!!!

 

[Enchanter]

Is it an unreasonable assumption that someone in a parked car would open their door? Is it a reasonable assumption that most people (motorcyclists included) do not expect to find someone riding between parked cars and traffic?

To paraphrase Goose:

The defense department regrets to inform you that your sons are dead because they made a poor decision.

The purpose of the Crash Analysis Forum is find out what you/we could have done to avoid the crash (or one like it). It isn't about legal fault. Riding between parked cars and traffic is a VERY high risk action, and unfortunately it bit you. Either one of you could have been more seriously injured.

 

[Cabrito]

So you were passing on the right between stopped cars and parked cars? This is a personal no-no for me. I'm not even sure it's legal. I'll do it on occasion when I'm impatient or want to turn right, but mostly I don't do it. I see riders doing it all the time now that everyone thinks lane splitting is a free-for-all giving them license to split whenever and however they feel like it.

Sorry you got banged up, but passing on the right like that is a really bad idea (in my opinion)

Heal up. Hope it's not too bad.

 

[KevinB]

I guess analysis isn't really required here.

I do the same on occasion in SF, leading up to some intersections that get really backed up. A lot of bicycle riders here I think drivers are used to checking before opening doors...but easy to forget.

I go very slow looking for people that could pop out between parked cars and for occupied parked cars for this exact scenario. I look at the mirror if I can't see through the windows.

 

[sckego]

Is it an unreasonable assumption that someone in a parked car would open their door? Is it a reasonable assumption that most people (motorcyclists included) do not expect to find someone riding between parked cars and traffic?

I'm not sure about this particular street, but in urban areas, isn't that normally where the bike lane is? I know I always check my side mirror before opening my door when parallel parked, bike lane or no.

 

[sanjuro]

I'm not sure about this particular street, but in urban areas, isn't that normally where the bike lane is? I know I always check my side mirror before opening my door when parallel parked, bike lane or no.

College Ave does not have a bike lane (which would make the OP illegally splitting anyway).

I'm not a fan of splitting between parked cars and traffic just for the reason of the crash.

I also have had passengers, who are less aware, open their door on me when I was riding my bicycle.

The only thing you can do besides not splitting on one lane roads is to watch for any movement inside the car.

 

[monkeythumpa]

I do this same thing in the City on Franklin on the right side. When I am sharing the lane with parked cars I am 90% focused on the mirrors or rear window to see if people are in the car. If so I give a wide berth or slow down.

 

[danate]

Comes down to one of the first rules I learned for riding a bicycle on the road. Treat every parked car you pass like it's about to open its door. Look for anyone inside, look in each mirror as you approach and still be cautious.

 

[tonelar]

Ouch. Hopefully it's no more serious than a bad bruise or sprain.

Is College only two lanes? If it's not, split one spot to the left. Drivers operating their vehicles are way less likely to door you.

 

[afm199]

I think if you stop splitting between parked cars and stopped traffic you won't have this problem again.

 

[meldog21]

V C Section 22517 Opening and Closing Doors
Opening and Closing Doors

22517. No person shall open the door of a vehicle 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 such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

In my view, bicycles are part of "traffic." If the vehicle was in the lane and opened their door into a bicycle or a motorcycle, the person opening the door would be in violation of 22517.

However, as Enchanter stated its not about who is legally right or wrong.

The idea is to go over the facts of events and try to learn from them. Because as we all know, you can be 100% right and still end up hurt or dead. I'm pretty sure that's what we're all trying to avoid.

Dog

 

[Cabrito]

The idea is to go over the facts of events and try to learn from them. Because as we all know, you can be 100% right and still end up hurt or dead. I'm pretty sure that's what we're all trying to avoid.

Dog

Well said.

 

[bunnygoat]

I do pass that way, briefly, once in a while but I'm creeping along and if someone's in the drivers seat I'll get ready to stop. If the windows are tinted I won't do it and never at night. Its not a great idea!

 

[CaptCrash]

Nobody expects you to pass on the right. Especially if there isn't a lane there. This goes directly to the "see and be seen" idea taught by all safety organizations--people don't expect to see motorcycles in the bicycle lane. CA law seems pretty clear:

V C Section 21754 Passing on the Right

Passing on the Right

21754. The driver of a vehicle may overtake and pass to the right of another vehicle only under the following conditions:

(a) When the vehicle overtaken is making or about to make a left turn.

(b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel.

(c) Upon any highway outside of a business or residence district with unobstructed pavement of sufficient width and clearly marked for two or more lines of moving traffic in the direction of travel.

(d) Upon a one-way street.

(e) Upon a highway divided into two roadways where traffic is restricted to one direction upon each of such roadways.

The provisions of this section shall not relieve the driver of a slow moving vehicle from the duty to drive as closely as practicable to the right hand edge of the roadway.

Amended Sec. 39, Ch. 491, Stats. 2010. Effective January 1, 2011.

https://www.dmv.ca.gov/pubs/vctop/d11/vc21754.htm

 

[EjGlows]

This was a crash based on performing an illegal maneuver. Start analyses there and work your way up.

 

[monkeythumpa]

(b) Upon a highway within a business or residence district with unobstructed pavement of sufficient width for two or more lines of moving vehicles in the direction of travel.

It is clear...subsection B allows you to pass on the right in this situation.

 

[Enchanter]

Let's back away from the legality of this maneuver, and focus on prevention.

 

[Lunch Box]

Prevention is a good thing. Obviously, the best way is to try to avoid putting yourself into situations in which you are forced to trust someone else's ability/level of attention. If you do find yourself in such a position, be extra alert. This can include looking closely into cars as you approach, in order to increase your odds of seeing signs that a person is going to change lanes/open a door/etc. In order to do this, a reasonable speed delta must be maintained. "Reasonable" is dependent upon conditions, road layout, traffic density, etc.

In short: Be more aware of your surroundings and adjust your riding accordingly.

 

[fast4d]

my dad opened his car door and a bicycle hit it. he was found at fault and insurance paid for the cyclist's medical bills and bike.

 

[Enchanter]

my dad opened his car door and a bicycle hit it. he was found at fault and insurance paid for the cyclist's medical bills and bike.

Psst:

Let's back away from the legality of this maneuver, and focus on prevention.

The purpose of the Crash Analysis Forum is prevention, not legal fault. That discussion can be done somewhere else.