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Video: My Bicycle Accident
Author: l
Description: Learn how New York Personal Injury attorney Gerry Oginski got "Doored" while riding his bicycle after a long day of work. For more information go to http://www.oginski-law.com or call Gerry personally at 516-487-8207.
Duration: 4 seconds
Date: Mié 12-31-1969 18:00
Rated: 4
Played: 3 times
Tags: accident accidents attorney bicycle bike bleeding bronx brooklyn bus car claim coma fixation fracture head injury internal island lawyer long manhattan nassau negligence new ny nyc open queens reduction suffolk surgery tracheostomy trauma trial truck york
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Total comments: 20
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20 comments from YouTube
> downfader2 said on 09-29-2008 at 11:49:
Pantherstate, there doesnt seem to be any fault with the cyclist in this case. I think its pretty logical that if you open or fling a door without checking then you are being negligent.

> lawmed1 said on 09-27-2008 at 03:44:
I brought a claim against the woman and her insurance company. Yes, the cost to repair the bike was included.

> viva15musica said on 09-27-2008 at 02:15:
Thanks for sharing your story. I've been doored too. I know the feeling of "WHY DIDN'T YOU LOOK?!" all too well.I'm curious, did the woman end up paying to replace your bike? It seems that you should have a bike back again in similar condition.

> CYCLISTNYC said on 08-11-2008 at 09:20:
I would like to ad something. Should I email you first?

> dizzymcg said on 07-24-2008 at 01:38:
i had a very similar experience myself last spring. ever since, i REFUSE to ride between traffic and parked cars. i ride right down the middle and give drivers the peace sign if they honk. my road too.

> lawmed1 said on 07-03-2008 at 19:13:
Anytime someone engages in a sport in NY there is always the issue of assumption of risk. The question remains "At what point has the participant assumed the risk?" That is debatable and each set of facts are different.In NY, an injured victim ALWAYS must prove a lack of ordinary care (also known as negligence) in order to prevail. An argument could be made that a driver of a car who fails to look in their side-view mirror before flinging open their driver's side door would be negligent.

> tommylehman said on 07-03-2008 at 19:02:
Informative video.A few serious questions:1.) Is there some sort of assumed risk by operating a bicycle in an area that is not specifically designated for bike riding?2.) In order to have an actionable case, would you not have to prove negligence? And is one being negligent each time they open a car door without looking for a bicycle first?

> BayAreaBiker2001 said on 06-20-2008 at 21:11:
The way many cars are built, it would be difficult to see into the car to find out if you are likely to be doored. Sliding doors, like on many vans, would minimize this risk. Perhaps having transparent headrests and untinted windows would solve this problem, as it would enable bikers to see inside and take the needed action to avoid the accident.The person who doored you was apparently not a biker.

> BayAreaBiker2001 said on 06-20-2008 at 21:00:
On one of my bike rides, a Federal Express van knocked me down. The driver exclaimed "Oh Jesus Christ! Oh God! I could have killed you!", and offered to take me to a nearby clinic."take you home"? Lawmed1 needs to go to the hospital to have his leg examined. The woman who doored him could be sued for the medical costs as well as for the destroyed bike.

> PantherState said on 05-16-2008 at 06:52:
There is some fault with the cyclist, but most of the fault lies on whoever opens the door.

> gmspeedfreak said on 04-17-2008 at 02:29:
ouch but how bad was the traffic? its a good idea to stay a safe distance from the door so that if it opens you don't get doored. i would rather risk it in the traffic lane. its safer than going 40 k/ph into a stationary car door! omg that must hurt

> questionkey645 said on 04-15-2008 at 02:42:
WOW! I'm glad your ok! Do you think you could possibly make a video regarding injuries that occur in an educational facility? For instance and injury occuring in a classroom setting.Thanks-Question Key

> Beelzerat said on 04-07-2008 at 04:54:
Glad you are OK. I have been riding for forty years and to this day, I do not drive a car. I simply do not like them. In December, I got doored for the first time. I am still involved in the case, but I am being blamed for the accident, both by the witnesses and the policeman. I was ticketed for eighty dollars, my hand injured and it took two days for me to repair my bike and I am treated like a criminal by the State of Maryland. I don't know how this will turn out, but thanks for the video.

> vjonesgo said on 03-27-2008 at 20:45:
This guy I relate to.These road car door openers are MORONS and there is NO excuse.I was doored badly & had the top of my index finger taken off.This car had tinted windows and no lights on. The door flung open so suddenly, just like this guy, I couldn't even react-I flew over the handlebars, crashing onto 29th st. Luckily traffic stopped & someone retrieved my fingertip an'all that seemed to fly away from me, backpack, shoes, keys. My helmet stayed on however an'I was turfed off to Bellevue.

> xclient101x said on 02-13-2008 at 15:47:
TAKE THE LANE! Do not let this happen to you. Bicycle lanes, at least in Salt Lake City, UT, are a joke. If there are cars on the side of the road you give them enough room for the door and then some. I usually ride just right of the center of the road. Never expect people to look before they open the door. You can trust the people behind you to slow down and not kill you more than you can trust the person to look in the bike lane before opening the door. Take responsibility for your own safety.

> cyclotuber said on 02-06-2008 at 01:49:
Which is going to solve the problem? Suing everybody who opens doors without looking or adhering to the standard bike safety guidelines. If you really think that was mostly her fault then you're going to get it again. You should feel lucky. I may get doored myself one day. And if I do, I know it will be my fault.

> cyclotuber said on 02-06-2008 at 01:48:
Everybody should look, but people don't expect bikes, and you have to look even harder to see them in the mirror. You could have done the same thing just as easily. You still could.

> cyclotuber said on 02-06-2008 at 01:48:
My good friend got badly doored and he even almost doored me once months later parked outside my house. I promote biking a lot but unless a driver is being malicious you can't blame them for carelessness if you want to stay in one piece. The streets are what they are, and people are careless all the time. So you accommodate that fact. But you took a calculated risk and lost.

> cyclotuber said on 02-06-2008 at 01:48:
Bicycle safety publications will advise riding like a vehicle people will go around you much easily that they will spot you in their side view before exiting their car. That woman should not be sued by you. You know the risks, thats why you wore a helmet. This stuff happens. Why do you think getting doored happens ALL THE TIME? because drivers are stupid, or because bikers have bad habits and are unskilled with riding with traffic?

> drmvw said on 01-03-2008 at 14:27:
Have you ever heard of self-preservation? Even my kids know where NOT to ride their bikes. You were asking for trouble...

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