Riding a motorcycle can be dangerous for a number of reasons, but they are particularly dangerous when other motorists don’t notice them. One example of this is when a driver opens a car door in the rider’s path, causing an accident. When that happens, severe and sometimes catastrophic personal injuries can result.
What Are Dooring Accidents?
A dooring accident occurs when the driver of a vehicle — typically a car or truck — opens the door in the pathway of a passing motorcycle, potentially causing damage to the motorcycle and personal injuries to the rider. It can happen when a motorcyclist crashes into a car door that was suddenly opened without warning or when the rider attempts to avoid a suddenly opened door, swerving and getting hurt in the act. In addition to motorcycles, a dooring accident can affect passing pedestrians, bicyclists, and drivers of other vehicles.
Opening a car door in the path of a motorcycle not only exposes a driver to civil liability for the accident they cause but also often means breaking the law and may result in being fined or otherwise liable for that infraction. For example, Kansas law provides the following:
“No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”
Common Causes of Open Car Door Motorcycle Accidents
Dooring accidents can happen under a number of different circumstances and for various reasons. The following are just some examples:
- Inattentive drivers
- Failing to check for oncoming or passing traffic
- Poor visibility
- Improper parking
- Parking too close to the traffic
- Vehicle overcrowding
- Being under the influence of drugs or alcohol
- Distractions
Are Drivers At Fault for Open Car Door Motorcycle Accidents?
In many cases, the driver of the vehicle may be found to be at fault for a dooring accident that injures a motorcycle rider. In order to prove fault liability, it’s necessary to show that the driver breached their duty of reasonable care when they opened the door in the direct path of the motorcycle.
You’ll also need to prove that the driver’s actions directly caused your injuries. The driver’s breach of duty, the causation behind your injuries, and the damages that resulted are the major elements of a negligence claim, which is typically at the crux of a motorcycle accident case.
In some cases, if there is a law that specifically requires drivers to keep their doors closed until it is reasonably safe to open them — such as the Kansas law above — you may be able to point to the driver’s violation of that law as part of establishing liability. You may also be able to point to any other reckless, unlawful, or unreasonable behavior that the driver exhibited.
On the other hand, you may need to carefully review your own conduct: If you were partially at fault for the accident or did something that was illegal or reckless, you may need to overcome that defense in order to prove liability on the other party’s side.
Because questions of liability and damages can quickly become complicated in a motorcycle accident claim, it is important that you seek a consultation with a knowledgeable and experienced motorcycle accident lawyer. They will advise you of your legal rights and options, investigate the facts of your claim, research the applicable laws, and discuss potential next steps. An experienced attorney can not only negotiate with the other party and their insurance company toward a favorable resolution but also file and represent your claim in court if a settlement is not possible.
Common Injuries During Dooring Accidents
There are lots of different personal injuries that can occur in a dooring accident. The motorcyclist who is affected may suffer a head injury, concussion, or traumatic brain injury. Injuries to the back, spine, or shoulders are possible. Broken or fractured bones, injuries to internal organs, and soft tissue injuries or whiplash are also common. In some cases, serious or even catastrophic injuries may result, including partial or full paralysis. In the most serious cases, a wrongful death is even possible.
If you have suffered personal injuries in a dooring accident, you may be able to obtain compensation for your financial damages. You may be able to recover the costs of your medical treatments, including doctor visits, hospital stays, prescription costs, and the costs of medical imaging, testing, and therapies, along with nursing or home rehabilitative care.
You may also be able to recover compensation for any lost wages, as well as the costs of repairing or replacing your motorcycle. You might also claim non-economic damages, such as pain and suffering, mental anguish, and the overall decline in your quality of life.
After An Accident, Put Our Team On Your Side.
Since 1997, we’ve fought for Kansas families after serious accidents and injuries. Let our team protect your rights and pursue the compensation you deserve.
Start Your Free, No-Obligation ConsultationWhy Trust Bretz Injury Law with Your Motorcycle Accident Case?
Having a knowledgeable, experienced attorney by your side to help with your motorcycle accident case can make all the difference. Your attorney will investigate the facts of your case and research the applicable laws. They will help negotiate with the other party and their insurance company toward a fair resolution, and they will be ready to fight on your behalf in court if a settlement is not possible.
Throughout the process, we will be there for you every step of the way. We strive to remain accessible to our clients and attentive to their unique needs. Our compassionate team can answer your questions and address your concerns.
We provide free initial consultations and work on a contingency basis, meaning you do not owe any out-of-pocket expenses when you work with our firm. Our attorneys are only paid if you are. Contact us today to schedule your free consultation.
