Dooring, Unsafe Passing, and Bike Lanes

This is chapter 3 of The DC, Maryland & Virginia Bicycle Injury Guide. It covers the three most common ways drivers injure cyclists in the region: opening a door in a rider's path, passing too close, and turning or merging across a bike lane.

Key points

• Dooring: D.C. (18 DCMR § 2214.4), Maryland (Md. Code, Transp. § 21-1105), and Virginia (Va. Code § 46.2-818.1) all prohibit opening a vehicle door into traffic unless it is reasonably safe.
• Passing: at least three feet in D.C. (18 DCMR § 2202.10), Maryland (Transp. § 21-1209(a)(2), with limited exceptions), and Virginia, where a driver must change lanes if the lane is too narrow (Va. Code § 46.2-839).
• Bike lanes: in Maryland, a driver about to enter or cross a bike lane or shoulder must yield to a rider lawfully in it (Transp. § 21-1209(d)(1)).
• In Maryland and Virginia, the insurer will argue the rider should have avoided the door or the car; the rules of the road and the evidence are how that argument is answered.

Is dooring a cyclist against the law?

Yes, in all three jurisdictions, though each rule is worded differently:

• D.C. No person may open any door of a vehicle "unless it is reasonably safe to do so and can be done without interfering with moving traffic, bicyclists, or pedestrians," and no one may leave a door open on the traffic side longer than necessary to load or unload passengers (18 DCMR § 2214.4). The D.C. rule applies to "any person," so it covers passengers as well as drivers, and it names bicyclists expressly.
• Maryland. A person may not open the door of a motor vehicle on any side available to moving traffic unless it is reasonably safe and can be done without interfering with other traffic, and may not leave it open longer than necessary to load or unload passengers (Md. Code, Transp. § 21-1105). Separately, opening a door with intent to strike, injure, or interfere with a cyclist is prohibited (§ 21-1209(c)).
• Virginia. No operator may open the door of a parked motor vehicle on the side adjacent to moving traffic unless it is reasonably safe to do so (Va. Code § 46.2-818.1). The Virginia statute applies to the vehicle's operator; when a passenger opens the door, the claim rests on ordinary negligence.

A dooring case is usually strong on liability, but not automatically. In Maryland and Virginia, the driver's insurer will argue the rider was too close to parked cars, going too fast, or should have seen the occupant. Photos of the lane width, the parking lane, and the door's position, a witness, and your ride data are what answer those arguments. In a rideshare drop-off, the passenger who opened the door, the rideshare driver who stopped in the bike lane, and the rideshare company's insurance can all be part of the claim; see our page on rideshare accidents.

How much room must a driver give a cyclist?

At least three feet in all three jurisdictions:

• D.C. A driver must exercise due care "by leaving a safe distance, but in no case less than 3 feet, when overtaking and passing a bicycle" (18 DCMR § 2202.10). Where signs say bicycles may use the full right-hand lane, a driver may not pass within that lane at all (§ 2202.9).
• Maryland. A driver overtaking a bicycle, EPAMD, or motor scooter must pass safely at a distance of at least three feet, unless the rider is not riding to the right or in the bike lane as the statute requires, the rider's failure to hold a steady course alone caused the shorter distance, or the highway is too narrow to pass at three feet (Md. Code, Transp. § 21-1209(a)(2)). Every driver must also exercise due care to avoid colliding with a bicycle (§ 21-1209(a)(1)).
• Virginia. A driver overtaking a bicycle, e-bike, EPAMD, or moped must pass at a reasonable speed at least three feet to the left, and if the lane is not wide enough to do that, must change lanes (Va. Code § 46.2-839).

Close-pass crashes are often sideswipes or mirror strikes, and the driver may not stop. If that happens, the hit-and-run rules and your own uninsured motorist coverage come into play; see who pays and our page on hit-and-run crashes.

What are a driver's duties at a bike lane?

In Maryland, the driver of a vehicle must yield the right of way to a person lawfully riding a bicycle in a designated bike lane or shoulder if the driver is about to enter or cross that lane or shoulder, and a violation that contributes to serious physical injury or death of the rider is a separate offense punishable by up to two months in jail, a $2,000 fine, or both (Md. Code, Transp. § 21-1209(d)). This is the rule that a right hook breaks: a driver who passes a cyclist and then turns right across the bike lane into a driveway or side street.

The rider's duties matter too, because they are where the insurer will look. In Maryland, where a bike lane is paved to a smooth surface, a cyclist must use it rather than the roadway, except to pass, prepare for a left turn, avoid debris or a hazard, or where the lane is overlaid with a turn or merge lane, and may leave it only when it is reasonably safe and after signaling (Md. Code, Transp. § 21-1205.1(b)). In Virginia, a slower cyclist rides as close as safely practicable to the right edge, with exceptions for passing, left turns, hazards, narrow lanes, and right-turn lanes (Va. Code § 46.2-905).

Can a cyclist ride on the sidewalk?

It depends on where. In Maryland, a person lawfully riding a bicycle on a sidewalk or in a crosswalk has the rights and restrictions of a pedestrian, must obey traffic signals at intersections, and must yield to pedestrians (Md. Code, Transp. § 21-1202(b)). In Virginia, localities may prohibit riding on designated sidewalks, and a rider on a sidewalk, shared-use path, or crosswalk must yield to pedestrians, give an audible signal before passing them, and otherwise has the rights and duties of a pedestrian (Va. Code § 46.2-904). In D.C., riding on the sidewalk is allowed if the rider does not create a hazard, except in the Central Business District (unless a sidewalk is designated by Mayor's order) and where an order and posted signs prohibit it; a rider on a sidewalk must yield to pedestrians and has a pedestrian's rights and duties in a crosswalk (18 DCMR §§ 1201.9 to 1201.11). If you were hit in a crosswalk or at a driveway while riding on a sidewalk, these rules can shift the analysis toward the pedestrian rules; see pedestrian accidents.

Does a traffic ticket decide the injury case?

No, but it helps. A citation for an unsafe door, an unsafe pass, or failing to yield to a bike lane is strong evidence of what happened. The civil case is decided separately, though, and an officer who did not see the crash may write a report that leaves out the rider's side. That is why the witness names, photographs, and video from the first 72 hours matter so much. And a ticket is not needed: a driver who breaks one of these rules can be liable whether or not anyone was cited.

• Previous chapter: Fault Rules for Cyclists in D.C., Maryland, and Virginia
• Next chapter: Who Pays When a Cyclist Is Hurt

Related practice areas

Related reading

• Dooring and bike lanes: what Maryland law says
• D.C. ends the 1% bar for cyclists and pedestrians
• Virginia's contributory negligence rule: the 1% problem
• DMV Injury Guide: gathering evidence

Responsible attorneys: Ryan C. Posey and Jacob M. Lebowitz. Posey Lebowitz PLLC, 3221 M Street NW, Washington, DC 20007.