{"id":200769468,"date":"2011-05-13T17:17:48","date_gmt":"2011-05-13T17:17:48","guid":{"rendered":"https:\/\/wp.baltimorespokes.org\/?p=200769468"},"modified":"2011-05-13T17:17:48","modified_gmt":"2011-05-13T17:17:48","slug":"are-doorings-really-an-accident","status":"publish","type":"post","link":"https:\/\/wp.baltimorespokes.org\/?p=200769468","title":{"rendered":"Are Doorings Really an Accident?"},"content":{"rendered":"

By Bob Mionske
\n…
\nPolice quickly absolved the driver of any blame, noting that the car was \u201clegally parked,\u201d and the cyclist was not wearing a helmet.
\nOh. I see.
\nBut what about Section 430 of the Highway Safety Code, which prohibits the driver from opening his car door \u201cwithout ascertaining that he can perform this maneuver safely\u201d? Why are Montreal Police commenting on the legality of the driver\u2019s parking job, when the only relevant legal issue is whether the driver observed his duty to safely open his car door?
\nFor that matter, why did Montreal Police point out the cyclist\u2019s lack of a helmet? Are they suggesting that a helmet would have prevented the collision?
\nWell, probably not. But they are probably implying that a helmet would have prevented the cyclist\u2019s injuries\u2014and that is an implication that is not supported by any evidence in this collision.
\n…
\nIt was because the dooring was \u201can accident.\u201d
\nGet it? If the driver had intentionally attacked the cyclist with his car door, that might be a different matter. But this was no brutal assault. It was just an accident.
\nYou still don\u2019t get it? Neither do I.
\nNo, actually, it\u2019s the Montreal Police who don\u2019t get it. There\u2019s nothing in the Highway Safety Code requiring drivers to \u201cintentionally\u201d break the law before they can be charged with a violation. If you\u2019re speeding, you can be charged with speeding, whether you knew you were speeding or not. If you fail to stop at a stop sign, you can be charged with failure to stop, whether you saw the sign or not.
\nAnd if you open your car door and hit a cyclist, it doesn\u2019t matter whether you intended to hit the cyclist, or just accidentally did it. Either way, you broke the law.
\n…
\nSo it appears that the driver will be cited now, and will be required to pay a fine. A $30 fine.
\nI guess that\u2019s something. But the cyclist, who was initially reported to be dead, is still in critical condition, still fighting for his life. Somehow, $30 just doesn\u2019t seem to reflect that fact. I know it\u2019s an improvement over the \u201cit was just an accident\u201d shrug of the shoulders we originally had from the police, but is that the best we can do when somebody is killed, or nearly so? $30?
\nShouldn\u2019t $30 be the kind of fine you get when you almost door somebody? When you kill, or almost kill somebody through your own carelessness, shouldn\u2019t the penalty reflect that fact?
\nThe confusion here about \u201caccidents\u201d isn\u2019t just within the ranks of law enforcement. The legislatures themselves shoulder most of the blame for this confusion, because ultimately, they are the ones sending the message to drivers that \u201caccidents\u201d will not be taken seriously, no matter how serious the injuries the careless driver inflicts.
\n…
\n…
\n
\nhttps:\/\/bicycling.com\/blogs\/roadrights\/2011\/05\/13\/are-doorings-really-an-accident\/<\/a>oldId.20110513171748499<\/p>\n","protected":false},"excerpt":{"rendered":"

By Bob Mionske … Police quickly absolved the driver of any blame, noting that the car was \u201clegally parked,\u201d and the cyclist was not wearing a helmet. Oh. I see. But what about Section 430 of the Highway Safety Code, which prohibits the driver from opening his car door \u201cwithout ascertaining that he can perform … <\/p>\n

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