My encounter with a taxi door.

On the way to uni yesterday for a 9am lecture there was, as you might have guessed, heavy traffic. Close to uni there is a 30mph dual carriage way which was totally stationary. As I was filtering between cars a passenger in the rear nearside seat of a taxi opened his door, I braked as hard as possible but before I knew it I hit the edge of the door, taking the full impact on my right hand. It knocked the handlbar right back and the bike toppled left, I couldn't keep it up and it went on its side. It was lay totally flat between the cars, showing how much room there was. I landed on the wing of a ladys 12 plate Toyota something which made for a nice soft landing.

Took my right glove off and blood was dripping out and I was in immense pain. The outside of the hand started swelling and my little finger had a 1cm gash where it collided with the door, it was also, and still is, facing more 1 o'clock than 12 o'clock.

I'm in a bit of a rush as I'm going away for the weekend and currently should be packing so can't really go on further; I'll be back Monday and hopefully will be able to type with my right hand, this left-handed lark is hard!

The 5th metacarple bone is broken but the egdes are still in line, just a spiralling type crack for just shy of half the length of the bone. I'm in a cast for 4-6 weeks and already want to get the hacksaw!

The bike is perfectly fine, just a scratched front fairing, scuffed brake lever and bar end where the door collided with me.

Thought I'd post ride safe!

Sorry to hear your stuck in a cast. Did the passenger apologise? I've only been riding 4 months and every time I've been out on my bike I've nearly been hit by a door or even a car deciding they didn't want to let me filter through

[Biker Biggles]

Get expert advice.If it had been the driver who opened the door an offense is commited,but a passenger in a taxi? I dont know,but Id guess the taxi drivers insurance is liable.

Get legal advice - if you've got it on your insurance contact them and find out whether or not it is claimable, as in most cases it is even though the it was the passenger door - however get expert legal advice.

Sorry to hear about this, you're always going to have an idiot who isn't paying attention who simply wants to ruin a motorcyclist's day..
Hope you get better soon bud

Thanks guys.

I have been in touch with a solicitor and a representative of theirs is visiting me tomorrow afternoon to sign all the paperwork; I started the claims procedure on Tuesday so the taxi driver must respond by the 15th day.

The solicitor said him letting his passenger out in the outside lane is akin to a bus driver stopping and letting passengers out with a lane of traffic on their inside.

I myself am a law student but haven't studied any areas relating to this, the closest area I have looked at is the law of tort. As far as I can see (kind of an educated guess) the taxi driver owes a duty of care over his passenger, this being the case it is going straight to the insurers of the taxi driver.

I will let you know how I get on.

P.S. Thought I'd update on the injury...
It's a right pain in the ****!!!

Originally Posted by ant-g

I myself am a law student but haven't studied any areas relating to this, the closest area I have looked at is the law of tort.

More specifically my young fellow, the Tort of Negligence (take the Medical module next year, it'll be fun. Really it will)

God luck with the recovery.

Originally Posted by Runako

More specifically my young fellow, the Tort of Negligence (take the Medical module next year, it'll be fun. Really it will)

God luck with the recovery.

We have studied the Tort of Negligence; the neighbour principle etc... Taxi driver owes duty of care to both his passenger and myself as it can reasonably be foreseen that I could be directly affected by his actions.

I wish I could take Medical Law! It wasn't an option

Originally Posted by ant-g

We have studied the Tort of Negligence; the neighbour principle etc... Taxi driver owes duty of care to both his passenger and myself as it can reasonably be foreseen that I could be directly affected by his actions.

I wish I could take Medical Law! It wasn't an option

Here is an interesting case young fellow which might prove of some use in better understanding the circumstances and likely outcome of your case. Some research if you like. If you cannot find the case using the citation, I can post a summary as it may be relevant to another long running thread on this forum.

Smith v Kempson
Citation [2011] All ER (D) 187 (Oct)
Alternative Citations [2011] EWHC 2680 (QB)

Originally Posted by guernica

Sorry to hear your stuck in a cast. Did the passenger apologise? I've only been riding 4 months and every time I've been out on my bike I've nearly been hit by a door or even a car deciding they didn't want to let me filter through

You should stop filtering.

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