Acquittal for Taxi Passenger After Dooring Accident
After the death of a cyclist in a so-called "dooring" accident, a 74-year-old man has been acquitted of the charge of negligent homicide. It was an incident that even an accident expert could not properly reconstruct, the Tiergarten District Court explained. The prosecution had accused the defendant of failing, as a passenger in a taxi, to pay attention to the bicycle lane running along the right side of the road when getting out. «I cannot properly clarify the case from a factual standpoint», said presiding judge Karsten Parpart.
The 74-year-old had been driven from Berlin-Spandau to Charlottenburg on 20 February 2023. At the intersection of Kantstraße and Wielandstraße, the driver stopped in an area marked with stripes. This is a section closed to vehicles. The passenger paid and then opened the rear right door, the judge said. A 50-year-old cyclist, who was approaching from behind along Kantstraße, crashed into the open car door. The father suffered such severe head injuries in the fall that he died at the hospital.
Judge: Taxi door not opened wide
"When getting out, any danger to other road users must be ruled out," said the judge. "The door is to be opened gradually, and the look back is to be made through the opened door." It was established that the taxi’s door could not have been opened wide. It is likely that the cyclist rode around a turning vehicle that had come from Wielandstraße. In that case, the man would not have been visible during a shoulder check through the open vehicle door. According to the expert report, however, there are many possibilities. Defense attorney Peter Zuriel stated on behalf of the defendant that a tragic accident had occurred, "a terrible stroke of fate" for the 50-year-old’s family. But the 74-year-old had not committed a criminal offense. The accident had been unavoidable. The taxi had not been standing on the bike lane. His client had "opened the door to about 30 degrees and looked back," the lawyer said. During the shoulder check that was performed, the cyclist could not be seen. "We do not know exactly how the accident came about."
With the acquittal, with costs charged to the Berlin state treasury, the court followed the defense’s motion. The prosecutor had argued for a fine of 50 day-fines of 30 euros each (€1,500) for negligent homicide. The defendant, she said, had not sufficiently ensured, on a busy street, that any danger to other road users was excluded. The judgment is not yet legally binding.
Hamburg initiative against dooring accidents
The federal association members Taxen-Union Hamburg e.V. and Hansa Funktaxi eG launched in 2024 the first nationwide campaign to prevent "dooring accidents" as part of the BMDV’s road safety initiative #MehrAchtung. Here’s the article.
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