Bicycling is an eco-friendly and healthy mode of transportation, but it comes with its own set of risks, especially in urban environments. One often-overlooked danger that cyclists face is the risk of dooring accidents. It’s an embarrassing – and painful – type of cycling accident that could leave you sidelined for months. Today, our friends at the Law Firm of Edward Blinder, PLLC, offer insight into the legal options a bicycle rider has after a dooring accident. With the help of a skilled bicycle accident lawyer, you may get compensated for your busted bones and busted bike.
The Anatomy Of A Dooring Accident
A dooring accident occurs when a cyclist collides with the door of a parked vehicle that is suddenly opened into their path. This seemingly innocuous act can lead to severe injuries for cyclists, ranging from fractures and contusions to more serious consequences like head injuries or spinal trauma.
Determining liability in dooring accidents is crucial for cyclists seeking compensation for their injuries and damages. In many jurisdictions, the responsibility lies with the person opening the car door. Whether it’s the driver or a passenger, they are expected to ensure that it is safe to open the door and that they are not putting cyclists or other road users in harm’s way.
Key Aspects Of Liability In Dooring Incidents
Drivers have a legal duty of care to check for oncoming traffic, including cyclists, before opening their car doors. Failing to do so and causing a dooring accident can make them liable for the resulting injuries and damages.
Passengers in a vehicle also share the responsibility for ensuring that opening a door does not pose a danger to cyclists. If a passenger causes a dooring accident, they may be held liable for the cyclist’s injuries.
Legal Recourse For Injured Cyclists
Cyclists injured in dooring accidents may pursue legal recourse to obtain compensation for their injuries and losses. This may include:
- Medical Expenses: Compensation for all medical costs related to injuries sustained in the dooring accident, including hospital bills, rehabilitation, and ongoing medical care.
- Lost Wages: Reimbursement for income lost due to time off work during recovery or rehabilitation.
- Pain and Suffering: Compensation for the physical and emotional distress caused by the accident and its aftermath.
- Property Damage: Reimbursement for damage to the bicycle or any personal property as a result of the dooring incident.
Proving Negligence In Dooring Accidents
To build a strong case in a dooring accident, it’s essential to prove negligence. Your bicycle accident attorney gathers evidence establishing that the car occupant had a duty of care toward the safety of cyclists and negligently abandoned that duty, resulting in your injuries. Your lawyer may use photos of the crash, your medical records, and eyewitness testimony to build your case.
Bicycle dooring accidents are a hidden danger that can have severe consequences for cyclists. By holding responsible parties accountable, promoting awareness of the risks, and advocating for safer practices, we can work towards creating a more secure environment for cyclists on our roads.