A 46 year-old record label manager was riding his bicycle in the very popular Mission District in San Francisco when he was “doored.” A passenger exiting a taxi in the bike lane on Valencia Street flew his door open. He of course wasn’t paying any attention to the cyclist coming down the bike lane Experiencing a bicycle dooring accident in San Francisco is a common occurrence in this area.
The cyclist hit the door, was thrown over his handlebars and suffered a broken collarbone (clavicle). He attempted to resolve his injuries through conservative methods. He tried physical therapy, Pilates and acupuncture, but he eventually required surgery to repair the injury.
The cyclist was worried the taxi company would dispute liability for the bicycle dooring accident in San Francisco. These companies never roll over and accept responsibility. The taxi company tried to dispute liability for causing the dooring bicycle accident, and only offered $15,000 to settle the case. Therefore, he knew he needed a bicycle accident expert on his side.
Sally Morin defeated the taxi company’s defense early in the case. Sally educated the insurance company on the applicable law stated in:
California Vehicle Code Section 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 on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.
Sally and her team negotiated a reasonable settlement of $85,000, which the cyclist was happy to receive.
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