Key Takeaways
- In Philly, 7% of all reported 2024 bike accidents were “dooring” crashes, a number that’s likely much lower than the reality on the street.
- If you’re a cyclist doored in Philadelphia, you need to report the crash to the police and get checked out by a doctor, even for what seems like a minor hit.
- Pennsylvania has a specific law, 75 Pa. C.S. § 3705, that says you can’t open a car door until it’s safe, and this is the core of proving fault.
- Take pictures of everything, the scene, the car, your injuries, because that evidence is gold for a personal injury claim after a Grubhub bike accident.
- How Grubhub classifies you (as an independent contractor) changes how you can get paid, making a personal injury claim the main route instead of workers’ comp, a principle that applies in Georgia just as it does here.
It’s a jarring statistic: a full 7% of reported bicycle accidents in Philadelphia in 2024 were “dooring” incidents, where a cyclist hits an open car door. That number gets buried in bigger traffic reports, but for anyone who cycles in the city, it’s a constant fear. Getting doored presents some nasty legal and physical problems for the victim, and for a Grubhub delivery rider, the path to getting compensated is a real headache. You have to understand what went wrong and what your legal options are.
7% of Philadelphia Bicycle Accidents are “Dooring” Incidents
That 7% figure comes from the City of Philadelphia’s Office of Transportation, Infrastructure, and Sustainability (OTIS) data, cross-referenced with police reports, and it shows a problem that just won’t go away. These aren’t just accidents. They’re almost always preventable. A dooring isn’t like a crash with another moving car. The cyclist is usually just riding along, following the rules, when a stationary car’s door suddenly becomes a wall in their path. There’s simply no time to react, and the injuries can be bad. We see head injuries, broken bones, and serious road rash from these crashes all the time. The idea that these are simple fender-benders is a dangerous myth. A cyclist hitting a door at a decent clip can suffer injuries that change their life.
The “Right-of-Way” and Pennsylvania Vehicle Code 75 Pa. C.S. § 3705
Pennsylvania law is crystal clear about who’s responsible here. The law, 75 Pa. C.S. § 3705 (“Opening and closing vehicle doors”), says it all: “No person shall open any door on a motor vehicle unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on a side of a motor vehicle adjacent to moving traffic for a period longer than necessary to load or unload passengers.” This law is the foundation for pinning liability in dooping cases. The driver or passenger has a duty to look for traffic, and yes, that includes bikes, before they swing a door open. When a Grubhub cyclist gets hit, they have to prove the person in the car broke this law. This is where witness statements, police reports, and maybe some traffic cam footage come in. In our experience, police reports can be frustratingly vague about fault in these situations which makes it even more important for the cyclist to gather their own evidence. We always tell clients to get contact info from anyone who saw it happen and to snap photos of the scene immediately (if they’re able) before anyone moves their car or bike.
The Unseen Costs: Medical Bills and Lost Wages for Delivery Cyclists
Beyond the physical injury, the financial fallout for a Grubhub cyclist after a dooring crash can be a total disaster. These riders depend on being on their bikes every day to make a living. A serious injury like a broken collarbone or a concussion can sideline them for weeks, sometimes months, which means a huge amount of lost income. To make it worse, most gig workers like Grubhub cyclists don’t have health insurance through their job, so the medical bills can quickly become astronomical. Just think about it: a cyclist making $800 a week is out $6,400 in income if they can’t work for two months. That’s before you even get to the hospital bills, physical therapy costs, and the price of a new bike. This kind of financial pressure can put a family in a very tough spot. A personal injury claim isn’t just for “pain and suffering”. It’s how you get back your tangible economic losses, including medical bills (past and future), lost earning ability, and property damage. The whole point is to recover everything the accident cost you.
Independent Contractor Status and Its Implications for Compensation
One of the biggest hurdles for Grubhub cyclists is that the company classifies them as independent contractors, not employees. This classification completely changes their options for getting compensation. If they were employees, they’d be covered by workers’ compensation which pays for medical bills and some lost wages no matter who was at fault. But as independent contractors, that option is off the table. This means an injured Grubhub rider has to file a personal injury claim directly against the at-fault driver’s insurance. It’s often a more adversarial process where you have to prove the other person was negligent. For instance, in Georgia, this same independent contractor status would stop a rider from filing a Georgia workers’ compensation claim under O.C.G.A. Section 34-9-1. The logic is the same in Pennsylvania. The personal injury lawsuit becomes the main, and sometimes only, way to get compensated. This is also why it’s a good idea for cyclists to have their own personal auto insurance with uninsured/underinsured motorist coverage, even if they don’t own a car. It can be a lifesaver if the at-fault driver is uninsured or doesn’t have enough coverage.
The Myth of Shared Blame in Cycling Accidents
There’s this common but wrong idea that cyclists are almost always at least partly to blame for accidents in the city. That assumption is totally flawed, especially when it comes to dooring. Most of the time, the cyclist is riding perfectly legally, holding their line, only to get clotheslined by a door they had no way of seeing coming. It’s unreasonable to think a cyclist should have been able to predict a door flying open into their lane, and the law doesn’t support that idea. Pennsylvania has comparative negligence laws, which means your compensation can be reduced if you’re found partially at fault, but it’s very hard for a defendant to pin significant blame on a cyclist in a straightforward dooring case. The person in the car has the primary duty to make sure the coast is clear. We constantly deal with insurance adjusters trying to blame the cyclist, saying they were riding “too close” or “weren’t paying attention.” A good lawyer can dismantle those arguments by hammering on the driver’s legal duty under 75 Pa. C.S. § 3705 and the sudden-emergency nature of the event. You win by presenting a clear story: the cyclist was riding predictably, and the door opened without any warning. An injured Grubhub cyclist in Philadelphia has to move fast to protect their rights and their finances after a dooring crash. It all comes down to knowing the law, understanding the independent contractor situation, and being ready to fight the usual misconceptions about who’s at fault.
What should a Grubhub cyclist do right after a dooring accident in Philadelphia?
First, get to safety if you can. Then call 911 to get police and an ambulance on the way. If you’re able, get the driver’s contact and insurance info and the names of any witnesses. The most important thing you can do for your case is to take photos of everything: the car’s damage, the open door, your bike, your injuries, and the general scene.
Can a Grubhub cyclist get workers’ comp after being doored?
Almost certainly not. Because Grubhub calls you an independent contractor, you aren’t eligible for workers’ compensation in states like Pennsylvania or Georgia. You have to go after the at-fault driver’s insurance through a personal injury claim to get compensation.
What does Pennsylvania law say about who’s at fault in dooring accidents?
Pennsylvania Vehicle Code 75 Pa. C.S. § 3705 is very direct: you can’t open a car door into traffic until it’s “reasonably safe to do so.” This law puts the legal burden on the person in the car, not the cyclist, and it’s the key to proving they are liable for your injuries.
What money can an injured Grubhub cyclist get from a personal injury claim?
You can pursue compensation for all your medical bills (what you’ve already paid and what you’ll need in the future), lost income from being unable to work, your pain and suffering, and the cost to repair or replace your bicycle. The goal is to cover every loss the accident caused.
Can a cyclist be blamed for a dooring accident?
An insurance company will certainly try to blame you. Pennsylvania has a “comparative negligence” rule, so if you were found, say, 10% at fault, your final compensation would be reduced by 10%. But in a clear dooring crash, it’s very tough for them to make a case for cyclist negligence since the law puts the duty to check for traffic on the person opening the door.
