Steven A. Bagen | September 29, 2025 | Personal Injury

If a car door opened into your path while you were on your bicycle, the person who opened that door is almost always the one at fault under Florida law. 

The statute is clear: no one can open a vehicle door into traffic unless it is reasonably safe to do so. 

As a cyclist, you are considered traffic, and you absolutely have a right to be on the road, no matter what anyone else says.

If you have questions about what happened and what your options are in your accident case, call Steven A. Bagen & Associates, P.A. for a free consultation to understand your rights at (800) 800-2575.

The Core Issue: Why the Law Is on Your Side

What Does Florida Law Say About Opening a Car Door Into Traffic?

The starting point for any dooring incident is Florida Statutes § 316.2005. This law explicitly prohibits any person from opening a vehicle door in a way that interferes with moving traffic. The statute states, “No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic…”

In Florida, bicyclists have the same rights and duties as drivers of vehicles. This means the law protects you just as it would another car. The responsibility is placed squarely on the person inside the car to check for cyclists, pedestrians, and other vehicles before they open their door.

How Does a Simple Traffic Violation Become the Foundation of Your Claim?

This involves a legal concept called negligence per se. Simply put, when someone violates a safety law—like the one about opening car doors—and that violation causes the exact type of harm the law was designed to prevent, they are considered negligent automatically. The term “per se” is Latin for “by itself,” meaning the act is inherently negligent.

There is no need to prove they had a duty of care to look before opening their door; the law already established that for them. Their action of opening the door unsafely is the proof. Our role is to connect their violation of the statute directly to your injuries and losses.

What If the Insurance Company Tries to Blame You?

The driver’s insurance company is a business, which means it must balance paying out fair claims with its financial responsibilities. They will conduct an investigation to see if any fault can be assigned to you. It is a standard part of their process.

Common arguments they might explore include:

  • Were you riding too close to parked cars? They may suggest you were in the “door zone,” the area where a door is likely to open.
  • Were you traveling at an excessive speed? They might argue you were moving too fast to react.
  • Were you riding at night without proper lights? Florida law requires a white front light and a red rear light and reflector for nighttime riding.
  • Were you outside of a designated bike lane? Even if a bike lane is present, there are legal exceptions for when a cyclist can leave it. Florida Statutes § 316.2065 requires cyclists to use a bike lane when available unless there’s a legitimate reason to leave it. These include avoiding debris, preparing for a turn, or if the lane ends

It is our job to build a case that counters these arguments with facts, evidence, and a correct application of Florida law.

What If I Wasn’t Wearing a Helmet?

In Florida, helmets are only legally required for riders under 16 (§ 316.2065(3)(d)). For adults, not wearing one may be used to argue that you contributed to your injuries, especially in cases involving head trauma. But this doesn’t affect whether the driver or passenger was at fault for opening the door. Fault for causing the collision still rests with the person who opened the door into traffic.

How does Florida’s “Comparative Negligence” rule work?

Florida uses a system of modified comparative negligence. This means that you can recover damages as long as you are not found to be more than 50% at fault for the accident. If you are assigned a percentage of fault, your total compensation award is simply reduced by that percentage.

However, if you were found to be 51% or more at fault, you would be barred from recovering any damages.

We work to ensure that no amount of blame is unjustly shifted to you, fighting to protect your right to the maximum compensation available under the law.

What Compensation Can You Pursue After a Dooring Accident?

Injuries can be severe, especially if the impact throws you into the path of another vehicle. These collisions can result in everything from road rash and broken bones to traumatic brain injuries.

We pursue compensation for every aspect of your losses, which are typically broken into two categories:

  • Economic Damages: These are the tangible, calculable financial losses.
  • All Medical Bills: This includes the initial emergency room visit, follow-up appointments, physical therapy, surgery, and any anticipated future medical care.
  • Lost Wages: Compensation for the time you were unable to work while recovering.
  • Loss of Earning Capacity: If your injuries prevent you from returning to your previous job or affect your ability to earn a living in the future.
  • Property Damage: The full cost to repair or replace your bicycle, helmet, phone, clothing, and any other gear damaged in the collision.
  • Non-Economic Damages: These losses are intangible but just as real.
  • Pain and Suffering: Compensation for the physical pain and emotional distress you have endured.
  • Mental Anguish: For the anxiety, fear, or trauma resulting from the accident.
  • Loss of Enjoyment of Life: If your injuries prevent you from participating in hobbies and activities you once loved.

Can PIP Coverage Apply if I Was on a Bike?

Yes. Florida’s no-fault PIP benefits apply even if you weren’t driving at the time of the crash, as long as you were hit by a motor vehicle and you have a Florida auto policy. This means your medical bills may initially be paid through your own insurance, regardless of who was at fault. However, if your injuries are severe, you may step outside the no-fault system and file a claim for the full range of damages, including pain and suffering.

Protecting Your Rights from Home: Steps to Take Now

While you focus on getting better, there are a few things you should do from home to help document what happened and protect the value of your claim. 

1. Create a Record of Your Injuries and Recovery:

  • Take photos: Document your injuries as soon as they appear and continue to take pictures as they heal. Bruises and scrapes can show the points of impact and the progression of your healing.
  • Start a journal: Each day, write down your pain levels (on a scale of 1 to 10), any physical limitations, and how the injuries are affecting your daily life. This can become a powerful piece of evidence to demonstrate the real-world impact of the accident.

2. Preserve All Damaged Property:

  • Do not throw away your damaged bicycle, helmet, or any other gear. These items are physical evidence. Take clear photos of the damage from multiple angles before storing them somewhere safe.

3. Gather All Financial Paperwork:

  • Keep a folder with every medical bill, receipt for prescriptions, and any correspondence from your health insurance provider (known as Explanation of Benefits).
  • Collect pay stubs or other documents that show the income you have lost from being unable to work.

4. Avoid a Recorded Statement:

  • The other party’s insurance adjuster will likely call you and ask for a recorded statement. You are not obligated to provide one. The claims process is long and filled with paperwork, and it’s easy to say something that could be misinterpreted.
  • Their role is to gather information that could be used to argue you were partially at fault. It is best to let your legal representative handle all communications with them.

Expanding the Investigation: Who Else Might Be Liable?

Was the Person who Opened the Door Working at the Time?

The investigation doesn’t always end with the individual who opened the door. In some cases, their employer may also be held responsible. This is based on a legal doctrine known as respondeat superior, which means “let the master answer.”

If the person who doored you was a delivery driver, a rideshare driver with a passenger, or any other employee performing work-related duties, their employer’s insurance policy may come into play. This is important because commercial insurance policies often have much higher limits than personal auto policies.

Could the Road Design Have Contributed?

In rare cases, the way a road or bike lane was designed may increase the risk of dooring. For example, angled parking next to a bike lane with no buffer zone leaves cyclists exposed. If a local government failed to design or maintain safe conditions, they might share liability. These claims are more complicated and time-sensitive, but they may open up additional avenues for compensation.

Dooring Incidents Are On the Rise

As cycling has become more popular, dooring incidents have become a serious concern in urban areas. This has led to public safety campaigns promoting methods like the “Dutch Reach”—using the far hand to open a car door, which forces a person to turn their body and look for oncoming traffic. The fact that this is a widely recognized hazard only strengthens the argument that drivers and passengers have a clear and known duty to check for cyclists.

Frequently Asked Questions About Dooring Accidents

How long do I have to file a dooring accident lawsuit in Florida?

In Florida, the statute of limitations for a personal injury claim based on negligence is generally two years from the date of the accident. It is important to act well before this deadline to ensure there is enough time to gather evidence and build a strong case.

What if it was a passenger, not the driver, who opened the door?

The law applies to any person opening the door. The passenger can be held personally liable. Additionally, the driver’s auto insurance policy may still provide coverage, as the incident involved the use of their vehicle.

Do I have to use my own health insurance for my medical bills?

Initially, you may need to use your health insurance to get immediate treatment. However, we will work to ensure that the at-fault party’s insurance ultimately covers these expenses through a settlement or verdict, including reimbursing your insurer and covering any deductibles or co-pays you paid out-of-pocket.

My bicycle was expensive and custom-built. How can I recover its true value?

You are entitled to the fair market value of your property at the time it was destroyed. For a custom or high-end bicycle, this requires detailed documentation, such as the original purchase receipt, a list of custom components, and potentially an appraisal from a bicycle shop to establish its replacement value.

What happens if the car that doored me drove off?

If the driver leaves the scene, it becomes a hit-and-run. In this situation, you may be able to file a claim through your own auto insurance policy under your Uninsured/Underinsured Motorist (UM) coverage, if you have it. This coverage is designed to protect you when the at-fault party cannot be identified or is uninsured.

The path forward after a dooring accident does not have to be confusing. You have rights protected by Florida law, and you don’t have to defend them alone. Our firm handles these cases, and we understand how to build a claim that holds the responsible party accountable. Let us take on the burden of the legal process, so you can put your energy where it matters most—your recovery.

If you were injured when someone opened a car door in your path, call Steven A. Bagen & Associates, P.A. today at (800) 800-2575 for a free, no-obligation conversation about your case.