Paceline Law Bicycle Injury Lawyer helps anyone hurt in a bicycle accident in Lafayette and the East Bay area. There’s any number of types of accidents you could be involved in while riding your bike, but one of the most unique ones happens when a driver or passenger opens their car door in your path. Like any bicycle accident, dooring can leave you facing serious injuries. My firm can help. Contact us today for a free consultation to learn more.
Do You Need a Lawyer After a Dooring Accident?
Dooring accidents typically happen when someone in a car opens their door into a cyclist. In California, there are specific laws about this–drivers and passengers can only open their doors if it is reasonably safe and doesn’t disrupt traffic flow.
Whether you need a lawyer after a dooring accident depends on your accident’s circumstances. For minor dooring accidents, you might not need legal action, but you can still file a claim. But the more serious your injuries are, the more you’ll probably need a lawyer.
So, if you’re in a dooring accident, my firm can help by:
- Figuring out who’s at fault
- Gathering evidence
- Talking to witnesses
- Handling insurance and paperwork
- Negotiating a fair outcome
Even small accidents can cause serious injuries and complicated insurance issues, especially when it’s an atypical accident. Our team can manage these challenges, so you can focus on recovering.
Can You File a Claim After a Dooring Accident?
Just because a dooring accident might not happen in traffic doesn’t change your legal options. When you get hurt because someone opens their car door into you while you’re riding your bike (or forces you to swerve into traffic), you can file an injury claim against the responsible party.
At that point, everything progresses just like a normal injury claim. You can either file an insurance claim out of court or a personal injury lawsuit to recover “damages.” This can include things like:
- Medical expenses
- Lost income or earning potential
- Repair/replacement costs for damage to your bike or any other personal property
- Pain and suffering for the physical and mental pain caused by your injuries
- Emotional distress for the emotional and psychological toll caused by the accident
- Financial considerations for your reduced quality of life
- Wrongful death expenses, if your injuries are fatal
In a typical dooring accident, your claim’s value depends on several factors. These include the severity of your injuries, who is at fault for the accident, and California’s comparative negligence laws, which may reduce your damages based on your share of fault. Also, you have to file within California’s statute of limitations of two years from the date of the accident to even have the right to get these damages at all.
Who’s Liable in a Dooring Accident?
When there’s a dooring accident, you probably have injuries and have the legal right to pursue a claim for your damages from the person who is at-fault. But that means figuring out who, exactly, is at fault.
Dooring accidents differ slightly from other accidents involving a car and a bicycle in that the driver of the car is not liable for any damages in a dooring accident (unless the driver opened their door into you on your bicycle).
Instead, the passenger who opened the door into the bicyclist or caused the bicyclist to swerve could be held responsible. They failed to follow the law by not checking if it was safe to open the door, which is considered negligence. This negligence is what determines who is liable. But remember, liability is ultimately going to come down to the circumstances.
So, while the passenger is going to carry most of the liability, there’s others that could potentially be involved, like:
- The owner of the vehicle – If the vehicle owner allowed unsafe practices or didn’t ensure proper vehicle maintenance, they might share liability.
- Local government – If poorly maintained or unsafe street conditions contributed to the accident, the city government could be partially liable.
Recovering from a dooring accident can be challenging, but we’re dedicated to helping you navigate the claims process and supporting you through any health or other setbacks. While it can get complicated, there are a few things you can do to protect your claim.
How Can You Protect a Dooring Accident Claim?
As frustrating and painful as a dooring accident can be, it’s still a bicycle accident. That means you’re going to have to take certain steps to protect your injury claim. And like any other bicycle accident, it’s all about getting your health taken care of and getting the information you’ll eventually need for a claim:
- Get to safety – Move to a safe spot away from traffic if you can. Check yourself for injuries.
- Call for help – Dial 911 to get an ambulance and police to the scene. Get medical care from EMTs and report the accident to the police.
- Document the accident scene – Take photos or videos of the accident, bike damage, and the area. Take down contact and insurance information from everyone involved and any witnesses.
- Keep your evidence and records – Save all medical records, accident reports, and repair estimates, and any other related communications about the accident. Follow your doctor’s advice and avoid fixing your bike or other damaged items until it can be documented for your claim.
While the steps mentioned are crucial for any bicycle accident, it’s esepcially true in a dooring accident. Doing these things can form the foundation of your claim.
What Injuries Could Happen To You in a Dooring Accident?
Unfortunately, even though a dooring accident is rather straightforward, there’s a huge range of potential injuries that can result. When you think about it, it’s not that surprising: you’re likely either to crash into the open door, throwing you head first off your bike, or you try to swerve around the door and usually into oncoming traffic. In addition to severe injuries, common injuries in dooring accidents in Los Angeles include:
- Bone breaks and fractures
- Concussions
- Traumatic brain injuries
- Neck, back, or spinal cord injuries
- Nerve damage
- Dislocated joints
- Serious cuts and road rash
In Lafayette and the East Bay, dooring accidents commonly happen on city streets with heavy traffic and many parked cars, in business districts with curbside parking, and on neighborhood streets where drivers may open doors without checking for cyclists. They also happen in bike lanes adjacent to parking areas, at transit stops where passengers can exit their vehicles carelessly, and in areas with high cyclist and pedestrian traffic.
Contact Paceline Law After a Dooring Accident in Lafayette or the East Bay
You have to always be ready when you’re riding your bike in Lafayette or the East Bay, but sometimes, there’s simply not enough time to react. This is particularly true in dooring accidents. If someone’s carelessness leaves you injured, we’ll help you navigate the process and build a strong claim for damages. Contact us for a free consultation to get started on your path to recovery.
