Automobile and Cyclist Liability in a ‘Dooring’ Accident | Attorneys for Freedom Law Firm

Automobile and Cyclist Liability in a ‘Dooring’ Accident

Injury Accident Attorneys

Bicyclists are frequently injured after colliding with an open car door, particularly when a driver is getting out of a vehicle along a line of parked cars. The most serious dooring-related injuries occur when bicyclists are struck by another motor vehicle after swerving to avoid the door. In any event, determining who is liable when a cyclist gets doored requires the skills of an experienced personal injury attorney.

The Perils of Dooring Accidents

With more bicycle messengers, commuters, Citibikes, or those cycling for leisure or exercise on the streets today, dooring accidents have become far too common. In fact, a study of bicycle accidents in New York City found that 3 percent of the resulting fatalities involved dooring accidents.

As congested as the city streets are at any given moment, all drivers have a duty of care to operate their vehicles in a safe manner and avoid causing injuries to others. Similarly, bicycle riders are responsible for their own safety and must abide by all traffic laws. This includes using a bike lane when one is provided or riding to the right of traffic which often forces them to ride perilously close to parked vehicles.

While bicyclists must be aware of other cars and pedestrians, drivers and passengers are required to check for bicycle traffic before opening a car door. Generally, the person who opened the door is typically liable if a bicyclist is doored, but a lot depends on the laws of the city or state in which the accident occurred.

Although these laws play a key role in determining who is at fault in a dooring accident, the number of damages an injured cyclist can recover depends on the circumstances of the accident. If there was no traffic on the road at the time of the collision, or the bicyclist was traveling at a high speed, they could determine that the cyclist was partially responsible.

This means that in states like New York that have a modified comparative negligence rule, the number of the injured cyclist’s damages would be reduced by his or her share of the fault. In the example noted above, if the court holds the driver was 80 percent liable and the cyclist 20 percent liable, and the number of injuries sustained is $100,000, the award would be reduced by 20 percent to $80,000.

The Takeaway

In the end, a cyclist injured in a dooring accident may be entitled to compensation for lost earnings and income, medical bills, pain and suffering, and other losses. If a bicyclist is killed in a dooring accident, his or her immediate surviving family members may be able to pursue a wrongful death lawsuit. If you or a loved one has been injured in a dooring accident, an adept bicycle accident attorney can help you obtain the compensation you deserve.

Joe O.
Joe O.
23:31 21 Mar 23
Tony B.
Tony B.
00:19 16 Mar 23
Attorneys for Freedom is super friendly and very relationship oriented. I felt at home the moment I... sat down. My lawyer Andy and paralegal Brittany were awesome. My case was unique and required research that would have been instrumental to navigating my case had it moved to a formal charge. Fortunately, the case sort of resolved without further legal intervention. I would definitely hire them again (I hope I don't need to).read more
Steve P.
Steve P.
16:33 28 Feb 23
I can not say enough about my experience with Attorneys For Freedom and especially Rachel Moss. I... was involved in an extremely stressful situation and I experienced her as very compassionate and open to my concerns. She was able to synthesize and relate the germane issues about the situation with me and I really appreciated that she was open and able to also consult with other attorneys in the office. I found Rachel to be knowledgeable, reliable and available. She (and the firm) get 5+ stars from me and I would recommend her (and A4F) without reservation to others.read more
Morgan V.
Morgan V.
18:59 27 Feb 23
Truly helped us with our case. Definitely would recommend to anyone!
Oscar V.
Oscar V.
23:25 24 Feb 23
I just want to thank Mark and all of his staff for coming through for me. I was thinking that I was... gonna face some time, but he is a man of his word and got me probation like he said he would. Thanks Mark Victor! You gave my life back to me. I would and will recommend anyone going through some kind of legal matters. You and his staff are the greatest . Also I'd like to thank Andrew C. Marcantel for hanging in there with me. I appreciate you all very much. Thanks againSincerely.O. Vegaread more
js_loader