Bicycle commuting is an increasingly popular mode of transportation, particularly in urban areas. However, with the rise in cycling comes a risk of accidents, including a type that is often overlooked but is incredibly dangerous: dooring accidents. These collisions, in which a cyclist crashes into a car door that opens into their path, are not only painful but can lead to severe injuries and financial burdens.
If you’ve suffered an injury in a dooring accident, you’re likely not to blame. A bicycle accident attorney can review the specifics of your case, establish the other party’s liability, and get you one step closer to securing fair compensation for your injuries and losses.
What is a Dooring Accident?
A dooring accident occurs when a motorist or passenger opens a car door directly into the path of a cyclist, causing the rider to crash into the door. These accidents are often a result of the driver or passenger failing to check for cyclists before opening the door.
The severity of dooring crashes can vary, but they frequently result in significant injuries, including:
- Broken bones, particularly in the arms, legs, or collarbone
- Head injuries, such as concussions or traumatic brain injuries (TBIs), especially if the cyclist is thrown from their bike
- Road rash and abrasions from contact with the pavement
- Soft tissue injuries like sprains or strains
- Psychological trauma, such as post-traumatic stress disorder (PTSD)
Because the force of a cyclist hitting an open door is often unpredictable, dooring accidents can result in serious, long-lasting consequences.
It is important to seek medical attention immediately after a dooring accident, even if you do not think your injuries are serious enough for emergency care. Some injuries may not be immediately apparent and can worsen over time if untreated. Additionally, by seeking medical attention, you will have a record of your injuries, which can be important if you decide to pursue a legal claim for compensation.
How Do Dooring Accidents Happen?
A dooring accident can happen in several ways, but the core issue usually comes down to a lack of awareness or negligence. Some of the most common scenarios include:
Opening a Car Door without Checking for Cyclists
One of the most common causes of dooring crashes is a motorist or passenger opening a car door without checking the side mirror or looking behind them for cyclists. In urban environments, where cyclists often ride in close proximity to parked cars, the risk of a dooring accident is heightened.
Tight Parking Spaces or Narrow Lanes
Dooring accidents are more likely in congested or tight parking areas, where drivers or passengers may have limited space to exit the vehicle. Cyclists are more vulnerable to dooring accidents when cars are parked too close together or when bike lanes are not properly marked.
Opening a Door Into a Moving Cyclist
Another common scenario is when a person opens their door into the path of an oncoming cyclist, often when they are distracted or in a hurry. It can happen on busy streets or in places where the cyclist is riding at speed and has little opportunity to react.
Liability in Dooring Bicycle Accidents
In the aftermath of a dooring accident, it’s critical to determine who is legally responsible for the cyclist’s injuries. In most cases, the liability will fall on the driver or passenger who opened the car door without checking for bike riders, but understanding the details is crucial for both the victim and any parties involved in the claim.
Motorist or Passenger Liability
In nearly all dooring accidents, the person who opens the car door and injures the cyclist is responsible. Under most state traffic laws, this individual has a duty of care to avoid opening the door into traffic. For example, in many jurisdictions, traffic law requires the driver or passenger to check the mirror or look over their shoulder before proceeding to open the door.
In some states, specific “dooring” laws make it clear that it is illegal to open a car door without ensuring it is safe to do so. A driver or passenger may be found negligent if they fail to take proper precautions before opening the door, making them liable for the cyclist’s injuries.
If the driver or passenger was negligent in opening the door, they can be held financially responsible for the injuries the cyclist suffers, including medical bills, lost earnings, pain and suffering, and other damages.
Governmental Entities
In some cases, poor road design or improper maintenance of bike lanes may also contribute to dooring accidents. For example, if bike lanes are too narrow or positioned too close to parked cars, the likelihood of a dooring accident can increase.
If poor road design played a role in the accident, the cyclist may be able to pursue a legal claim against the local government or municipal entity responsible for maintaining the roadway. These types of claims are typically more complex and may require additional evidence, such as expert testimony about road design standards and the adequacy of the infrastructure. It is particularly important to have legal representation for claims involving the government.
Dooring Bicycle Accidents are Not the Fault of the Cyclist
It is crucial to emphasize that, in most dooring accidents, the fault does not lie with the cyclist. Bike riders have the right to safely navigate the roads and bike lanes, and the responsibility to ensure that a door is not opened into their path lies with the driver or passenger of the car.
Despite the perception that cyclists are sometimes reckless and responsible for their own accidents, the law typically holds that a cyclist riding within designated bike lanes or properly positioned on the roadway is entitled to be free from unexpected hazards like opened car doors. Even if the rider was riding close to parked cars, the responsibility to avoid hitting them still falls primarily on the motorist or their passenger.
So, if you’re a cyclist hurt in a dooring accident, do not concern yourself about the situation and how you’ll proceed with a claim. Consult with a bike accident lawyer who can adequately establish the other party’s fault and put you in a much more favorable position to get the financial recovery you deserve.
How to Pursue Compensation for a Dooring Accident
If you are a victim of a dooring accident, there are two primary legal avenues you can pursue to obtain compensation for your injuries and damages: insurance claims and personal injury lawsuits.
Which one is right for you depends on the circumstances. A bike accident attorney can provide guidance on the best course of action.
Insurance Claim
In many cases, the first step in seeking compensation is to file a claim with the responsible party’s insurance company. If the driver or passenger opened the door negligently, their insurance policy should cover the cyclist’s medical bills, lost earnings, and other damages. In many situations, dooring accidents are treated like motor vehicle accidents, meaning the cyclist may be entitled to compensation from the driver’s insurance.
If the at-fault driver does not have insurance or their coverage is insufficient, you can file a claim with your own insurance company, assuming you have insurance that covers uninsured or underinsured motorist coverage.
Personal Injury Lawsuit
If the insurance settlement does not adequately cover your losses or the insurance company denies your claim, you may choose to file a personal injury lawsuit.
Personal injury lawsuits for dooring bicycle accidents typically rest on a theory of negligence. In your lawsuit, you’ll need to prove the responsible party was negligent and, therefore, caused your collision. It requires satisfying certain elements, which include:
- Duty: The party owed a duty of care to other road users, including cyclists.
- Breach: The party breached that duty by engaging in a wrongful action (e.g., opening the car door without looking for cyclists).
- Causation: The breach caused the dooring accident.
- Damages: You suffered losses as a result of the crash.
You may have the opportunity to settle your case, depending on the circumstances. A majority of personal injury cases settle outside of court through negotiations. Should the opposing party be uncooperative and unwilling to settle, your attorney may recommend taking your case to trial. When the case goes to court, it is left in the hands of a judge (and sometimes a jury).
Filing a lawsuit may seem daunting, but a skilled bicycle accident attorney can handle it on your behalf. Your lawyer can protect your rights and best interests as they build your case and work to get you the financial recovery you deserve.
Compensation Available for Dooring Bike Accident Cases
Compensation for dooring bike accidents can vary widely depending on the circumstances of the case and the method for pursuing financial recovery. Damages for these cases may include:
- Medical expenses: This includes the cost of emergency care, hospital stays, surgeries, medications, physical therapy, and any other medical treatment required to treat the injuries caused by the accident. If future medical treatment is anticipated, compensation may also cover that.
- Lost earnings and earnings capacity: If the accident leads to time off work, you may be entitled to compensation for your lost earnings while recovering. Should the injuries cause long-term or permanent disability, you may be entitled to financial recovery for future lost earning potential.
- Pain and suffering: Compensation for pain and suffering is designed to compensate for the physical pain, emotional trauma, anxiety, and mental distress caused by the accident and its aftermath. The amount varies depending on the severity and long-term effects of the injuries.
- Loss of enjoyment of life: If the injuries from the crash impact your ability to enjoy activities or hobbies that you once enjoyed, compensation may be awarded for the loss of enjoyment of life.
- Permanent disability: If the accident results in a permanent disability, compensation may be awarded for the reduced ability to work, perform daily activities, or live life as you did prior to the crash.
Damages for dooring bicycle accidents depend on several influential factors, such as:
- The type and severity of injuries
- The total cost of medical bills
- Whether ongoing medical care is necessary
- Whether you need time off work and the total of your lost earnings
- How the accident has affected you mentally and emotionally
A dooring bicycle accident can result in severe financial burdens, which you should not have to shoulder on your own. Pursuing compensation can help ensure you have adequate compensation for your injuries and losses to help you move on after your accident.
Time Limits for Taking Action After a Bicycle Crash
A dooring bike accident falls under the area of personal injury law. Every state has a statute of limitations that restricts the time allowed to take legal action after suffering injuries at the hands of another. The statute varies but only allows, on average, about two to four years to pursue your claim.
Based on the circumstances, the possibility of needing to file a personal injury lawsuit may not be clear right away. Therefore, the sooner you begin working on your case, the more time you allow for pre-lawsuit steps, and the less likely you will miss any critical deadlines.
Consult a bike accident attorney right away after your crash. A lawyer can assess your case, determine a course of action, and proceed with your claim sooner rather than later.
If You Get Doored, a Skilled Bike Accident Lawyer Can Establish Liability and Seek Financial Recovery
Dooring accidents are a dangerous and often preventable type of bicycle accident. Cyclists who are victims of dooring crashes typically suffer severe injuries through no fault of their own. Still, it is necessary to adequately establish the other party’s fault to secure just compensation.
As a cyclist, you have the right to safely navigate the roads, and the law is on your side when it comes to seeking justice for an accident that likely didn’t have to happen in the first place. After a dooring bike crash, consult with a personal injury lawyer right away.