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ARTICLE · 23 FEBRUARY 2023

Driver held liable for actions of his passenger, which led to cyclist injury

A driver of a motor vehicle owes a duty of care to their passengers and other road users, including cyclists.

AustraliaLitigation, Mediation & Arbitration

In 2022, a cyclist was awarded TAC common law compensation after a rideshare driver was found to be negligent when his passenger opened a door into a bicycle lane, causing a collision which resulted in injury to the cyclist ("car dooring").

You can read the Supreme Court of Victoria's judgement in the case of Reynolds v Patel [2022] VSC 211 here. ("Reynolds").

Generally, in TAC claims, a person is found to be responsible for their own negligent actions/omissions. The case of Reynolds was unusual in that court proceedings were brought against the rideshare driver, Mr Patel. However, it was the action of his passenger Mr Luna, in opening the rear passenger door, which led to the collision between the cyclist, Mr Reynolds and Mr Patel's vehicle.

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