Dooring Accidents And Who Is At Fault

Dooring accidents are a serious and often overlooked hazard on our roads. They are especially dangerous in busy cities where cyclists and parked vehicles share limited space.

A dooring accident occurs when a driver or passenger opens a car door into the path of an oncoming cyclist or pedestrian, often with little or no warning. These incidents can result in serious injuries and, in some tragic cases, even death.

Have you or a loved one been harmed in a dooring accident? If so, understanding who is legally at fault is essential for seeking compensation and holding the responsible party liable. In this article, we will discuss how dooring accidents occur, who may be held liable, and what legal options are available to those who have been injured.

What Is a Dooring Accident?

A dooring accident happens when a driver or a passenger opens a car door in the path of a bicyclist or motorcyclist, causing a collision. These accidents usually happen when a vehicle is parked along a street or bike lane, and a door is suddenly opened without checking for oncoming riders.

The cyclist often has no time to react and may crash directly into the door or swerve into traffic to avoid it. Both of these scenarios can lead to severe injuries or fatalities.

Common Causes of Dooring Accidents

Dooring accidents usually result from human error and a lack of awareness.

Some of the most common causes include:

• Failure to check blind spots: Many dooring accidents are caused by drivers or passengers failing to check their mirrors or blind spots before opening the door.
• Distracted behavior: Distractions from phones, chatting with passengers, or multitasking could lead to someone in the vehicle opening a door without fully checking for oncoming traffic.
• Lack of awareness of cyclists: Some cyclists can hit high speeds while riding. Drivers and passengers may underestimate the speed of cyclists, especially in clearly marked bike lanes.
• Poor street design: Narrow streets, unprotected bike lanes, and poorly marked parking areas place cyclists too close to parked vehicles, contributing to the frequency of dooring accidents.
• Sudden or careless exit: A person in a hurry may quickly swing open a door without pausing to look first. This can catch a cyclist off guard, especially if he or she has limited room to maneuver.

Who Is at Fault in a Dooring Accident?

In most cases, the driver or passenger who opens the door into the path of an oncoming cyclist is legally at fault. Many states have “dooring laws” that specifically prohibit opening a car door unless it is safe to do so.

This rule is often referred to as the “Dutch Reach,” which involves using your far hand to open the door, forcing the person to turn and look over his or her shoulder for oncoming traffic.

Liable parties typically include:

• Driver or passenger: If a vehicle occupant opens a door without checking for oncoming traffic, he or she may be held liable for negligence
• Vehicle owner: In some situations, if a child or another passenger causes a dooring accident, the vehicle owner may still be held liable on certain legal grounds
• Employer (in commercial vehicle cases): If delivery drivers or other employees cause a dooring accident while working, their employer may be liable

Can a Cyclist Be At Fault for a Dooring Accident?

While uncommon, there are some situations when a cyclist may be fully or partially to blame:

• Riding too close to parked vehicles: Cyclists riding outside of the designated bike lane and dangerously close to parked vehicles may be partially at fault.
• Speeding or reckless riding: If the cyclist was traveling at an unsafe speed or weaving through traffic, this could impact liability.
• Distracted riding: Using earbuds, texting, or failing to observe traffic conditions may reduce the cyclist’s compensation under comparative or contributory negligence rules.

Important Steps to Take After a Dooring Accident

The steps you take after a dooring accident can mean the difference between receiving compensation for your damages and having to pay for your losses out of pocket.

It is recommended to take the following steps after a dooring accident:

• Call 911 and request medical attention if needed
• Document the scene by taking photos and videos – include the car, door positions, bike, and injuries
• Get contact information for the driver, passengers, and any witnesses
• File a police report, even if injuries seem minor at first
• Consult a personal injury lawyer before speaking to insurance adjusters

How a Personal Injury Lawyer Can Help

Statistics show that 1 in 5 bicycle accidents in Chicago occur when someone opens a vehicle door in the path of a cyclist.

Being in a dooring accident can be overwhelming and leave you with devastating injuries. A personal injury lawyer can provide critical support and legal guidance to help you navigate the aftermath.

Investigate the accident

A skilled lawyer will gather evidence, such as:

• Witness statements
• Traffic camera footage
• Photos of the accident scene
• Police and medical reports

This evidence is essential in proving liability and countering any attempts by insurance companies to blame the cyclist.

Determine liability

A personal injury lawyer can help quantify both economic and non-economic damages, which may include:

• Medical expenses
• Lost wages
• Reduced earning capacity
• Pain and suffering
• Emotional distress
• Property damage

Negotiate with insurance companies

Insurance companies often try to minimize payouts. Your attorney will negotiate aggressively on your behalf to ensure a fair settlement that reflects the compensation you deserve.

Filing a personal injury lawsuit, if needed

In some cases, a fair settlement cannot be reached through negotiation. Your lawyer can help you file a lawsuit and represent you in court. The goal is to secure compensation that covers all your damages.

Schedule a Free Consultation With a Personal Injury Lawyer Today

While it may seem like a simple mistake, opening a car door into the path of a cyclist is often a clear case of negligence. In many situations, the person who opened the door is at fault. However, determining liability isn’t always black and white.

That’s where we come in. Our legal team understands the physical, emotional, and financial toll a dooring accident can take. We are here to listen, answer your questions, help you understand your rights, and fight for the compensation you deserve.

Have you or a loved one been harmed in a dooring accident? Don’t wait. Contact Collins Law today to schedule a free consultation. You can focus on healing, and we’ll handle the rest.