Geico Believes Cyclists Are At Fault For Being Doored

Cyclist? Sorry 'bout it

As cyclists in this city know, getting doored happens more often that you think it does. Just last weekend our very own fearless blogger KevMo was doored by taxi on Sanchez St, which resulted in a swollen knee and a higher than usual bar tab later that night. I was doored by SFPD on my birthday 2 years ago. Commuters and messengers get doored on Market street on a weekly basis. But not everyone walks away with only minor injuries and a dented front wheel when they get doored. Recently, San Francisco resident Melissa Moore had a harrowing experience on Polk Street which left her in immense pain. As she told Streetsblog:

Just before 9am, I was going east on McAllister about to turn left onto Polk Street. I waited for a car to take a right onto Polk before I made my turn. About halfway up the block, the car pulled into the bike lane in front of me and then parked (despite the fact that there was an available driveway less than 10 feet in front of him). I maneuvered out into the street to circumvent the car. When I reached the driver side, he swung open his door into my bike. (I later learned that the door caught my right pedal.) I crashed into the street, pretzeled with my bike. There was a white flash and a feeling of something snapping, then darkness. I heard muffled voices asking if I was okay. Unable to speak or move for a couple minutes, I searched for my breath and assessed if the snapping was my spine breaking. It hurt immensely and I expressed that to the anonymous voices. The driver asked if I wanted him to call the police and I said “yes.” Then I felt hands on me, pulling me up off the ground.

Melissa goes on to recount when the police came, her going to the hospital, etc., but the worst is what happened when she filed a claim with the drivers insurance company, Geico. They claimed that she was 20% at fault in this accident because, as Geico puts it, she “failed to control [her] speed in order to avoid an accident and lost control of [her] bicycle.”

Let that sink in for a minute. A cyclist, going uphill on Polk street, failed to control her speed, and crashed into a door.

I don't personally know Melissa, so I don't know how fast she is on a bike or how strong a of climber she is, but I'm betting that she did not accelerate into the door while sprinting uphill on her mountain bike. And I know that I am not wrong because there is a video of the entire accident. Watch for yourself:

As you can see, she suddenly accelerates to Lance Armstrong on EPO speeds and completely rips off the drivers side door due to the force of the impact, all while screaming HULK SMASH. Or at least that's what Geico sees this as. Unbelievable.

I'd also like to point out that California Vehicle Code 22517, as mentioned in the Streetsblog article, is very ambiguous. While the code states that you cannot open your car door into traffic unless it's safe to do so, it offers no protection for cyclists who have to weave in and out of traffic because of drivers that do stop in the bike lane, taxi or private car. It does, however, does apply when a cyclist is riding to the right of the car in a non-designated bike lane, like on Market St.  This law was made to protect cyclists, but it cannot protect cyclists in all situations, so what could be changed to better protect cyclists like Melissa and everyone else who rides bikes?

[Streetsblog]

Comments (15)

That’s pretty messed up, yeah.

I mean, I’m not surprised that geico is trying to weasel out of it, because that’s what all insurance companies do, but even so, the fact that there is video of the event seems like it really wouldn’t allow the insurance company much weasel room.

Now it is time for a personal injury lawyer to get involved.

I’m pretty sure gieco will settle at the smallest whiff of a lawsuit. They carefully calculate what they can afford and will settle because it is still cheaper. They are just trying to squeeze a little extra out of the deal. Be professional, lawyer up, and get what you are owed. This is standard operating procedure and not unusual in the least

The insurance company will assume that the bike rider can’t afford a lawyer or has insurance.

Personal injury lawyers will work on contingency for ⅓ of the settlement. They generally add at the very least 50% to what is asked for (and usually get you much more than that)

20% fault isn’t really worth getting upset over. The driver is still 80% at fault, that seems reasonable to me.

Except that the driver is actually 100% at fault.

Dooring is always 100% the driver’s fault.

When harm results from violation of a statute, it’s called negligence per se:
http://www.justia.com/trials-litigation/docs/caci/400/418.html.

Evidence Code section 669 codifies the common law presumption of negligence per se and the grounds for rebutting the presumption. Subdivision (a) sets forth the conditions that cause the presumption to arise:
The failure of a person to exercise due care is presumed if:
(1) He violated a statute, ordinance, or regulation of a public entity;
(2) The violation proximately caused death or injury to person or property;
(3) The death or injury resulted from an occurrence of the nature which the statute, ordinance, or regulation was designed to prevent; and
(4) The person suffering the death or the injury to his person or property was one of the class of persons for whose protection the statute, ordinance, or regulation was adopted.

There shouldn’t be a negotiation over comparative liability in such cases, there should be full and voluntary compensation or victims should be seeking legal representation. Those who don’t want to pay an attorney out of pocket, can seek contingency fee arrangements.

not to blame the victim, but i would have swung wide around a car that i just saw stop, or yelled out to the driver that i was coming up.

That’s what I was thinking, but look how wide that door opened all at once. Even in my super prescient mode, I would be hard-pressed to veer that wide into traffic that quickly.

but i would still shout out to the driver & try to make eye contact before passing. i think the footage might loan itself to geico’s argument that she could have done more to protect herself (as shitty as that is).

I wanna be a-doored.

Insurance bureaucrat drunk on petty power acts in employer’s interest. Never heard that one before.