On June 26, 2018, a Manhattan Judge ruled as a matter of law that a driver of a parked car "who opened her door on the moving side of traffic and struck plaintiff" is liable for violating NYS Vehicle and Traffic Law Section 1214. Those facts raise a rebuttable presumption of negligence. As per statute, every person riding a bicycle on a roadway has the same rights and obligations as the driver of a car. You have to look before opening your car door to check if you can do so without interfering with the movement of traffic.The driver could not dispute that she neglected to check her side view mirror before opening her door - which would have revealed an oncoming bicyclist. Worse yet, the police report indicated that the driver fled the scene of the accident which is yet another violation of the traffic law.
The accident occurred at night on East 82nd Street near York Avenue in Manhattan. The only issue now will be for a jury to determine how much the 43 year old restaurant delivery man should be compensated for a comminuted or shattered clavicle (shoulder) fracture, requiring surgery and five months lost wages. Li v. Fisher, Sup. Ct. New York County, Index No. 152271/16