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Correct action: Velo almost killed by car door – what to do?
The collision of bicycles and cars harbors potential for conflict. Particularly tricky: If a car door is opened without looking over the shoulder and the bike can hardly avoid it. The AGVS legal service explains what needs to be done.
Question from Cédric to the AGVS expert team:
Exactly at the moment when I wanted to overtake a car standing on the right-hand side of the road with my bike, the driver brusquely opened the driver’s door. I was only able to avoid a collision with a swivel. My question: should you keep more lateral distance to the car when overtaking, or what is the correct procedure in such a situation?
Answer:
You are addressing a very delicate and unfortunately also common situation in today’s city traffic. In Zurich alone, 5.5 percent of all bicycle accidents in recent years have been due to collisions with an opening car door, according to “Pro Velo”. And this type of accident, also known as “dooring”, is even responsible for almost ten percent of seriously injured or killed cyclists. It is therefore better to keep a little more distance than too little when overtaking a stationary vehicle.
The legal standard for your question can be found in the Road Traffic Act (SVG). There, according to Art. 34 Para. 4 SVG, it is required that every road user must keep a sufficient distance from all road users. This obligation applies on the one hand when driving behind each other within the meaning of the well-known “ban on rear-end collisions” in accordance with Art. 12 Para. 1 of the Traffic Regulations Ordinance (VRV), on the other hand also when driving past. Although this rule is particularly relevant when overtaking and crossing, it also applies to cyclists when passing parked vehicles. Only: What exactly is meant by sufficient distance depends on the respective circumstances and cannot be answered in general.
But not only you on the bike have to exercise caution, but of course also the vehicle occupants. They have a legal obligation not to endanger other road users when getting on and off. In particular, they must pay attention to the following traffic (Art. 21 Para. 1 VRV). Ideally, before getting out of the car – as well as before swerving when overtaking – you should do the legendary over-the-shoulder look from the driving school.
So that this happens automatically and because there are even more cyclists on the road in the land of the tulip bulbs than in Switzerland, there is even a trick: the so-called “Dutch Reach”, i.e. “Dutch grip”. The driver opens the door with his right hand instead of his left hand. The highlight: With this type of grip, the upper body inevitably turns – and you automatically look over your shoulder.
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Distance and looking over your shoulder not only help to prevent collisions, but also to be accused of a simple traffic violation or, in serious cases, a qualified traffic violation following an accident (Art. 90 Para. 1 and 2 SVG). This can result in a fine or even a fine.
A violation can already be seen in the fact that a cyclist – of course this also applies to e-bikes – drives past a column of parked vehicles at high speed. Because here, in addition to suddenly opening car doors, there is also a risk for pedestrians who want to cross the street.
Caution and consideration on both sides as well as common sense can go a long way. And the next time you’re behind the wheel yourself, just think of Amsterdam and tulip fields before you open the car door and use the “Dutch grip”.
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The AGVS is the association of Swiss garage owners. 4,000 companies with 39,000 employees (including 9,000 trainees and trainees) ensure that we are safe, reliable and energy-efficient on the road. The AGVS legal service and the AGVS team of experts, including Markus Aegerter (trade and services), Olivier Maeder (education) and Markus Peter (technology and environment) provide a clear perspective.