
DOORING UNFÄLLE IN GERMANY: LEGAL DUTIES AND LIABILITY UNDER GERMAN LAW
In German traffic law, accidents caused by suddenly opened car doors are classified as “Dooring-Unfälle”. These incidents are particularly relevant for cyclists and e-bike riders, who often travel at higher speeds and are exposed to severe risks. The legal question is clear: who bears responsibility when a cyclist collides with an open car door?
Unlike in common law jurisdictions, German courts primarily rely on statutory provisions (Gesetze) when resolving such disputes. Case law serves mainly to illustrate the application of these provisions.
Dooring-Unfälle in GERMANY: LEGAL DUTIES AND LIABILITY UNDER GERMAN LAWApplicable German Laws StVO §14 Abs.1 – Duty When Opening Doors BGB §254 – Shared Fault (Mitverschulden) StGB §229 – Negligent Bodily Harm Judicial Practice Systematic Legal Analysis Primary Liability Contributory Negligence Criminal Aspect Practical Consequences For Cyclists For Drivers Common Questions about Dooring Accidents
Applicable German Laws
When we look at German traffic law, three main provisions shape the outcome of a dooring case. They work together, but each plays a different role.
StVO §14 Abs.1 – Duty When Opening Doors
German law is very direct here:
„Wer ein- oder aussteigt, muss sich so verhalten, dass eine Gefährdung anderer Verkehrsteilnehmer ausgeschlossen ist; das gilt auch für das Öffnen der Fahrzeugtüren.“
In English:
“Anyone entering or exiting a vehicle must act in such a way that danger to other road users is excluded; this also applies to the opening of vehicle doors.”
📖 Source: StVO §14
This rule leaves little room for doubt: the person opening the door carries a strict duty of care.
BGB §254 – Shared Fault (Mitverschulden)
But what happens if the cyclist was also riding carelessly? Here BGB §254 comes in:
„Hat bei der Entstehung des Schadens ein Verschulden des Verletzten mitgewirkt, so hängt die Verpflichtung zum Ersatz... insbesondere davon ab, inwieweit der Schaden vorwiegend von dem einen oder dem anderen Teil verursacht worden ist.“
English translation:
“If the injured party contributed to the damage through their own fault, the obligation to compensate depends on the circumstances, in particular the extent to which the damage was predominantly caused by one or the other party.”
📖 Source: BGB §254
This gives courts flexibility. If the cyclist ignored basic rules—by speeding, riding the wrong way, or using a non-compliant e-bike—the court may lower their compensation.
StGB §229 – Negligent Bodily Harm
Finally, there is the criminal law aspect. §229 of the Criminal Code says:
„Wer durch Fahrlässigkeit die Körperverletzung einer anderen Person verursacht, wird mit Freiheitsstrafe bis zu drei Jahren oder mit Geldstrafe bestraft.“
In English:
“Whoever negligently causes bodily harm to another person shall be punished with imprisonment of up to three years or a fine.”
📖 Source: StGB §229
This means: if the cyclist is seriously injured, the case may not stop at civil damages. The driver or passenger could face criminal proceedings too.
Judicial Practice
Statutes are the starting point, but case law shows how judges apply them. Some examples:
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KG Berlin (2010, 12 U 216/09) – A cyclist was hit when a car passenger opened the door directly into the bike lane. The court held the driver fully liable, applying §14 StVO strictly: the door must not be opened if it endangers cyclists.
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LG Köln (2021, 5 O 372/20) – A cyclist collided with a car door after riding very close to parked cars. The court decided on shared liability: 70% driver, 30% cyclist, because the rider had not kept a safe lateral distance.
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OLG München (2012, 10 U 2626/12) – Here, the cyclist was moving at high speed when the door opened. The court confirmed the driver’s main responsibility but reduced damages, since the cyclist’s risky behavior contributed to the accident.
Together, these judgments show a clear pattern: German courts insist that doors may only be opened safely, but they are also willing to reduce damages if cyclists ignore their own responsibilities.
Systematic Legal Analysis
Looking at these layers, a few points become clear:
Primary Liability
Under §14 StVO, the person opening the door is almost always responsible. This is the foundation of German dooring law.
Contributory Negligence
Still, §254 BGB can change the outcome. If a cyclist breaks rules—say by riding the wrong way or too fast—the court may cut their compensation, often by 20–40%.
Criminal Aspect
If an injury occurs, §229 StGB may apply. This adds a criminal dimension on top of civil liability.

Practical Consequences
So how do these rules play out in real life?
For Cyclists
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Keep at least 1 meter distance from parked cars when possible.
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Make sure your e-bike is legally compliant (≤250W, ≤25 km/h).
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If an accident happens: call the police, take photos, collect witness details, and if your bike cannot move, you can call ADAC roadside assistance.
For Drivers
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Always check mirrors and blind spots before opening doors.
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Practice the far-hand method (Türöffnen mit Schulterblick) — open the door with the opposite hand so your body turns and you make a shoulder check. or see the video here
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If an accident occurs: stay at the scene, exchange details, cooperate with police, and inform your Kfz-Haftpflichtversicherung.
Common Questions about Dooring Accidents
Q1: Is the driver always at fault in a dooring accident?
Not always. Under §14 StVO, the driver (or passenger) has the main duty of care when opening a door. However, if the cyclist was speeding, riding against traffic, or using an illegal e-bike, courts may apply §254 BGB (Mitverschulden) and reduce compensation.
Q2: How much distance must cyclists keep from parked cars?
German courts often refer to a minimum of 1 meter (Sicherheitsabstand). If a cyclist rides closer and an accident occurs, partial responsibility may be assigned.
Q3: What happens if the cyclist was using an S-Pedelec (>25 km/h)?
S-Pedelecs are legally treated as mopeds in Germany. If involved in a dooring accident, the rider may face difficulties claiming full compensation if the vehicle was not registered or insured.
Q4: Can the driver face criminal charges?
Yes. If bodily injury occurs, §229 StGB (Fahrlässige Körperverletzung) may apply, leading to fines or imprisonment, in addition to civil liability.
Q5: What should both parties do right after an accident?
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Call the police and ensure an official report.
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Collect evidence (photos, witness contacts, damage).
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Drivers must exchange insurance details and inform their Kfz-Haftpflichtversicherung.
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Cyclists can seek help from ADAC / roadside assistance if the e-bike cannot be ridden.
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