A frequent accident is called “dooring” by the bicycling community, i.e., the biker colliding with a car door suddenly being opened in the cyclist’s lane of travel.
The law imposes a duty upon the vehicle operator and his passengers not to open the door on the side of moving traffic unless it is reasonable and safe to do so. See Vehicle and Traffic Law section 1214.
Therefore, the driver or his passenger may be found negligent as violating a statute depending upon the facts of the case.
The bicyclist would be afforded medical insurance and lost income coverage through the motor vehicle’s no fault coverage. Under the no fault law, the biker is deemed a pedestrian.
If you have been injured in a bicycle accident, please feel free to call me for a free consultation at 800-581-1434 or write to firstname.lastname@example.org.
Mark E. Seitelman, 5/11/12, www.seitelman.com.