Whether you are driving a car, pedaling a bicycle, or riding a motorcycle, a dooring accident can be just as serious as crashing into a moving vehicle. Here, you are colliding with a fixed object, and even if the door on the car bends backward, there is still a large amount of force. Your body may collide directly with the door of the vehicle. Not only will you suffer an injury from the direct impact, but you may also fall from your bike to the pavement, further compounding your injuries.
You may have the legal right to financial compensation if you have suffered an injury in a dooring accident. Although the person who opened the car door is more likely to be at fault for the accident, you cannot leave anything to chance. The insurance company may partially blame you for the accident in an effort to reduce the amount of money that it must pay you.
In any accident, you must have the help of an experienced bicycle or motorcycle accident lawyer. They can begin by gathering evidence to prove your case. Then, a bicycle or motorcycle accident attorney can quantify the value of your case and work for you to receive full compensation for your injuries. An attorney at Langston & Lott can assess your case and advise next steps. They can be your advocate during the legal process.
Key Takeaways About Dooring Accidents
- Dooring accidents occur when someone opens a car door into the path of an oncoming bike, motorcycle, or car. Dooring accidents can cause serious injuries.
- The person who opens the car door into your path is likely to be at fault, but this is not always the case.
- Dooring may rise to the level of negligence, triggering an obligation for the responsible party to pay you compensation.
- A bicycle or motorcycle accident attorney can represent you in the legal process and work for you to receive full compensation for your injuries.
What Is a Dooring Accident?
A dooring accident occurs when someone opens a vehicle door into the path of a cyclist, pedestrian, or another moving vehicle, resulting in a collision. These accidents are most common in urban environments with on-street parking and high volumes of bicycle or pedestrian traffic. For cyclists, dooring is particularly hazardous because a sudden obstruction can force them into moving traffic or cause a fall, often resulting in serious injuries such as broken bones, head trauma, or lacerations. Pedestrians can also suffer injuries if a door swings into their path unexpectedly.
Anyone opening a vehicle door has a duty to ensure they open it safely without endangering others nearby. Failing to look for approaching cyclists, pedestrians, or vehicles before opening a door can be a breach of this duty, making the responsible party liable for any resulting injuries or property damage.
In addition to personal injuries, dooring accidents can cause property damage to bicycles, other vehicles, or nearby structures. Determining fault often requires witness statements, photos, or video footage to establish how the accident occurred. Cyclists and pedestrians are encouraged to stay aware of parked cars and avoid the “door zone”—the area next to a parked car where a sudden door opening is most likely.
What Is the Legal Standard in a Dooring Accident Case?
The legal standard in a dooring accident generally revolves around negligence, which is the failure to exercise reasonable care, resulting in harm to another person or property. For these accidents, the central question is whether the person opening the vehicle door acted responsibly to prevent damage to others nearby, such as cyclists, pedestrians, or other vehicles.
To establish negligence, the injured party must typically show four elements: that the responsible party owed a duty of care, that they breached that duty, that the breach caused the accident, and that it resulted in damages. The duty of care in dooring accidents requires anyone opening a car door to check for approaching traffic or pedestrians to avoid creating a hazard. A failure to check for cyclists in the “door zone,” for example, is a breach of this duty.
Causation is also a key component. The injured party must demonstrate that the injuries or damages would not have occurred but for the negligent act of opening the door without proper caution. Evidence such as photographs, witness testimony, surveillance footage, and police reports can help establish both breach and causation.
Dooring Accidents Are Typically Not Your Fault
Dooring accidents are typically not the fault of the cyclist or pedestrian because the primary responsibility lies with the person opening the vehicle door. Drivers and passengers have a legal duty to ensure it is safe to open their door without endangering others nearby. Failing to check for approaching cyclists, pedestrians, or vehicles constitutes a breach of this duty, rendering the door opener liable for any resulting injuries or property damage.
For cyclists, even when riding close to parked cars, they can assume that doors will not suddenly open into their path. Similarly, pedestrians using sidewalks or crosswalks should not have to anticipate doors swinging into their path. Evidence such as photographs, witness testimony, and traffic reports often confirms that the collision resulted from the door opener’s negligence.
Because the legal standard focuses on duty of care and foreseeability, dooring accidents overwhelmingly place liability on the person opening the door rather than the injured party. Nevertheless, you must prepare to deal with any allegations made by the insurance company that you were partially or entirely to blame for the accident.
If the insurance company persists in blaming you, whether it is entirely or partially, you must fight back. Unless you do, you cannot receive all of the compensation that you otherwise deserve. You may have to file a lawsuit against the driver or passenger of the car who opened the door, and the insurance company must defend it in court.
You May Still Face Blame for a Dooring Accident
Although the person who opens a car often bears primary responsibility in a dooring accident, the injured party may still be partially at fault under certain circumstances. Some states have laws allowing parties to share fault depending on their respective actions leading up to the incident.
For cyclists, failing to maintain a safe distance from parked vehicles, commonly referred to as the “door zone,” can contribute to a collision. Riding too close to parked cars increases the risk of injury if a door suddenly opens. Similarly, pedestrians who are inattentive or fail to stay within designated walking areas may share some responsibility if a swinging door strikes them. Courts and insurance companies may consider these factors when determining the proportion of fault and the amount of recoverable compensation.
Other factors that may lead to shared responsibility include speed, visibility, and situational awareness. For instance, a cyclist moving at excessive speed in a crowded area may have less time to react to a door opening, potentially reducing the other party’s liability. Likewise, a pedestrian crossing between parked cars without paying attention to their surroundings may bear partial fault.
Even when you share some responsibility, you may still have the right to recover damages, although the proportion of your degree of fault may reduce the total award. Thus, it is crucial to document the scene, take photographs, obtain witness statements, and consult with an attorney experienced in personal injury cases. Understanding that parties can share fault encourages everyone to exercise caution and highlights the importance of safety and awareness near parked vehicles.
How a Lawyer Can Help You Prove Fault in a Dooring Accident Case
A lawyer can be instrumental in helping you prove fault in a dooring accident, holding the responsible party accountable for injuries or property damage. Doorings often involve complex issues of negligence, and establishing liability requires careful gathering and analysis of evidence. An experienced attorney can identify key elements necessary to show that the driver or passenger who opened the door breached their duty of care.
One of the main ways a lawyer can help is by collecting and preserving evidence. This documentation includes photographs of the accident scene, damage to vehicles or bicycles, surveillance footage, and police or incident reports. Witness statements can also be critical, and a personal injury lawyer can properly obtain and document them.
An attorney can also analyze the circumstances of the accident, such as whether the injured party was in the “door zone” and whether they exercised reasonable care. They can anticipate defenses, such as claims of negligence, and prepare arguments to minimize shared fault.
Insurance Claims After a Dooring Accident
Filing an insurance claim or lawsuit after a dooring accident is an essential step in recovering compensation for injuries or property damage. The process begins with thoroughly documenting the accident. Collecting evidence at the scene, such as photographs of the vehicle, bicycle, or pedestrian injuries, skid marks, and the surrounding area, is essential. Witness statements and police or incident reports can further strengthen your case by establishing how the accident occurred and who may be at fault.
Once documentation is complete, the injured party typically files a claim with the at-fault party’s insurance company. A lawyer can submit all information accurately and within the required deadlines. Insurance adjusters will investigate the claim, review evidence, and determine liability. Legal representation can help negotiate with the insurance company to maximize compensation for medical bills, lost earnings, property damage, pain and suffering, and other related expenses.
If an insurance claim does not result in a fair settlement, filing a personal injury lawsuit may be necessary to pursue further compensation. A lawyer can draft and file the complaint, handle pre-trial discovery, and advocate for you in court. They can present evidence, question witnesses, and argue on your behalf to establish fault and quantify damages.
Because dooring accidents involve nuances of negligence and fault, working with an experienced attorney will protect your rights, increase the likelihood of obtaining fair compensation, and navigate the often-complex legal and insurance processes efficiently.
How Much Money Can I Receive for Dooring Accident Injuries?
The amount of money you can receive for injuries sustained in a dooring accident varies widely and depends on several key factors. Compensation should cover economic damages, such as medical expenses, rehabilitation costs, lost earnings, and property damage, as well as non-economic damages, including pain and suffering, emotional distress, and loss of quality of life.
The severity of your injuries is the primary factor influencing the total recovery. Minor injuries, such as bruises, scrapes, or soft tissue injuries, typically result in lower settlements that primarily cover medical bills and minor property repair. More serious injuries, such as broken bones, head trauma, or long-term disabilities, can significantly increase the amount of compensation due to higher medical costs, ongoing care, and lost income.
Frequently Asked Questions About Dooring Accident Cases
What types of injuries are common in dooring accidents?
Dooring accidents can lead to a variety of injuries, ranging from minor to severe. Injuries can include fractures, head trauma, road rash, bruises, lacerations, and long-term mobility or emotional issues.
What if the insurance company denies my claim for a dooring accident?
You may need to file a lawsuit against the responsible party, which the insurance company will defend in court. Engaging a personal injury lawyer can significantly strengthen your position. They can compellingly present your case, increasing the likelihood of a successful outcome.
How long will my dooring accident case take to resolve?
Typically, the duration of a dooring case depends on several factors, including the complexity of the accident, the extent of injuries, and the willingness of the involved parties to reach a settlement.
Call a Dooring Accident Injury Lawyer Near You
Your bicycle or motorcycle accident lawyer can review the facts and circumstances of your situation to determine the value of your case. Then, they can fight for you to receive all of the compensation that you deserve, whether it is through an insurance settlement or filing a lawsuit on your behalf. Call Langston & Lott at (662) 728-9733 to discuss your case.
