"The Door Zone Debate":
I would like to comment on pending legislation
affecting bicyclists. I was prompted by a helpful e-mail from Bill
Nesper – League of
American Bicyclists.
Specifically, Assembly bill (AB) 1408 has been authored to
add Section 298 to the Vehicle Code (VC). This section would define
a “Door Zone” as that section of the street
adjacent to a parked vehicle that would be unsafe for use by
vehicles or bicycles in motion, if one or more doors of the vehicle
were opened.
Apparently the Vehicle Code is silent on this issue, and so
is (VC) 21202 – which defines where cyclists should ride.
Generally, its as far to the right of the road as safe, or in a
posted bike lane.
Essentially, this door zone statute would broaden the legal
zones to ride, i.e. when approaching parked cars – you
can ride further into the road.
Practically, this may prove helpful if hit from an advancing
motorist, because it would eliminate the insurance companies
argument you were comparatively or totally at fault for
riding wide.
Realistically, as we know, parked motorists inattentively fling
open car doors, and often seriously injure cyclists. Since
it’s hard to foresee this, the door zone statute would add
more legal protection to cyclists.
Conversely, the insurance industry might argue that if you
failed to ride wide (out of the door zone) you’re
partially at fault since you had an “option”. So, I
suggest further amending the legislation and closing this
loophole. For example, add “However, riding in the door
zone shall not be construed as assuming the risk of injury.”
I’m sure we all agree cyclists have the right to assume the
good conduct of parked motorists.
Let’s face it, when fighting for justice; legislation is a
mighty sword when confronting the powerful insurance industry. I
hope this debate raises the safety awareness level of motorists and
cyclists.
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