NORTH PARK - A 30-year-old bicyclist very tragically died Friday morning at Scripps Mercy Hospital, after he was critically injured by an opening car door Wednesday night on University Avenue, west of Kansas Street. According to 10 News, the San Diego County Medical Examiner's Office identified the victim as Justin Newman, 30, of San Diego. The accident was reported at about 7:30 p.m. Wednesday night on University Avenue, west of Kansas Street.
California Vehicle Code Regarding Opening and Closing Doors
Under California law, motorists have a responsibility to not open the door of their vehicle unless it is safe to do so. California Vehicle Code Section 22517 states: "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 upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers."
Fatal Bicycle Accident Wrongful Death Liability
If news reports are accurate, the person who flung open the car door into the path of Newman's bicycle may be responsible for causing this ultimately fatal collision. Following a door zone accident like this, where an inattentive motorist flings open a car door directly into the path of a bicyclist, the family members of the victim would be well-advised to speak to an experienced San Diego bicycle accident attorney. A lawyer who is also an experienced cyclist, and who has successfully represented victims of "door zone" accidents such as this September 28th accident in North Park, can advise the victim's family of their legal rights to hold the responsible driver accountable in a wrongful death claim, and best course of action to do so.
Sources: 10 News
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