In a dooring accident, a cyclist collides with a car door that has suddenly opened into their path. Usually, the driver is liable for the damages since they opened the car door without checking for oncoming cyclists or traffic. However, depending on the specific circumstances, some cases also hold other entities liable for a dooring accident.
This article will help you understand liability in a dooring accident involving bicycles and cars and the legal actions appropriate to secure compensation for the damages.
What is a Dooring Accident and How Does It Happen?
A dooring accident happens when a bike collides with a parked car’s door that abruptly swings open and enters the rider’s path. These incidents usually occur when a driver or passenger in a parked car opens a door without first looking out for oncoming traffic or cyclists.
Dooring accidents can lead to significant injuries and even death. According to a 2016 report by the San Francisco Municipal Transportation Agency, dooring accidents involving cyclists accounted for 16% of bike-versus-car incidents, resulting in injuries or fatalities from 2012 to 2015, where the cyclist was deemed not at fault.
Unfortunately, cyclists are especially vulnerable to dooring incidents in cities with high traffic volumes and many parked cars at the side of the road. It is common for cyclists to ride in bike lanes or alongside traffic, which puts them in danger of being doored.
Are There Parked Car Open Door Accident California Laws?
In California, drivers must follow several restrictions regarding parking on street roads to avoid open door car accidents. According to California Vehicle Code § 22502, drivers may park their vehicle’s right-hand wheels parallel to and within 18 inches of the right-hand curb or edge of the bike lane on a roadway with curbs or bike lanes. If there are no curbs or barriers on a two-way road, park parallel to the right-hand side unless signs say otherwise.
This means that if you drive on a two-way street, you can’t park on the opposite side of the road, facing the wrong way. If you violate such a law, you may receive a parking ticket. Similarly, you may also be liable for the damages if your parking violation results in a car accident.
Moreover, Assembly Bill 413, known as the Daylighting Law and introduced by Assemblymember Alex Lee, D-San Jose, is a California legislation to enhance visibility and safety at intersections and crosswalks.
Specifically, the law prohibits parking or stopping a vehicle along a curb within 20 feet of a marked crosswalk and intersection. By ensuring these areas remain clear of parked vehicles, the law aims to improve pedestrian and cyclist visibility on crosswalks, potentially lowering the incidence of accidents at intersections and crosswalks.
What to Do When a Car Door Hits You While Cycling
Getting hit by a car door can result in catastrophic injuries, especially if you are cycling at a high speed. This is why following the safety steps below is crucial to ensure your well-being and protect your legal rights in a California dooring accident.
- Check if you have injuries and, if required, get medical assistance.
- Call 911 and report the accident.
- Avoid admitting fault or apologizing to the driver.
- Collect evidence at the scene, such as the car’s license plate number, the driver’s contact information, and the names and numbers of any witnesses.
- Take pictures of the incident, noting where your bicycle and the car door are located.
- Contact a California bicycle accident lawyer to learn about your legal options and seek damages from the other party.
Can I Receive Compensation for a Dooring Accident in Los Angeles?
Typically, in California, you can pursue compensation for damages from a bicycle accident caused by another driver’s negligence. To support your claim, you need evidence demonstrating that their negligent actions directly led to the collision. This involves establishing the following key elements:
- The driver had a responsibility to ensure the safety of all road users.
- They failed to uphold this duty of care.
- This breach of duty directly caused the accident.
- The accident resulted in injuries and other damages.
In a dooring accident, if the driver illegally parked on the road or failed to check oncoming traffic before opening their car door, they may be liable for the crash. In such a case, you must have proof to show that their violation resulted in the collision, such as:
- Photos of the accident, including the location of the illegally parked car.
- CCTV or surveillance footage capturing the crash.
- Police reports.
- Witness testimonies.
When Is the Cyclist Liable for the Dooring Accident?
If a cyclist was riding carelessly or recklessly, they may share liability for a dooring accident. The cyclist may also be held accountable if they neglect to take reasonable safety measures to prevent a dooring accident, such as being unaware of their surroundings or riding too quickly in places where there are parked cars.
For example, you were cycling when suddenly distracted by a billboard. During this time, the driver of a parked car opened their door, resulting in a collision. In such a scenario, you contributed to the occurrence of the dooring accident.
Fortunately, even if you played a role in the accident, you can still pursue a personal injury case in California. However, under the doctrine of pure comparative negligence, your settlement may be reduced proportionally to your level of fault.
In the scenario above, if the court determines you are 25% at fault, you may receive 75% of the settlement amount. Conversely, the other party may seek compensation for the percentage of damages you are found responsible for. It is crucial to consult a California bicycle accident lawyer who can evaluate your case, gather evidence, and establish liability.
Lawyer’s Tip: Cyclists have the same responsibility on the road as auto drivers. In case a cyclist is liable for damages, they can use their insurance policy, such as MedPay or homeowner’s or renter’s insurance, to cover their damage expenses. Contact a California bicycle accident lawyer to learn about your legal options.
What Damages Can I Include In My Settlement?
The compensation granted for accident-related damages depends on several factors, such as the severity of injuries and their impact on the victim’s life. When calculating the settlement, it’s crucial to consider all tangible and intangible losses.
Economic damages encompass quantifiable financial losses supported by receipts and evidence, including:
- Medical expenses
- Property damage
- Lost wages
- Future income loss
- Out-of-pocket costs
Conversely, non-economic damages encompass intangible losses like:
- Pain and suffering
- Emotional distress
- Loss of companionship
- Diminished quality of life
- Post-Traumatic Stress Disorder.
Additionally, punitive damages may be awarded by the court in cases involving extreme recklessness, intentional misconduct, or malice by the at-fault party.
While documenting economic damages relies on tangible evidence, assessing non-monetary losses necessitates the expertise of a personal injury attorney. A skilled California bicycle accident lawyer can evaluate these intangible losses, optimize compensation, and ascertain eligibility for punitive damages.
Is It Worth Hiring a Bicycle Accident Lawyer in Los Angeles for a Bike Accident?
Dooring accident claims may become complicated, especially if you incur severe injuries from the crash. Usually, insurance companies will try to minimize your payout or dismiss your case by shifting the blame on you. What happens if the insurance provider insists that you were speeding when the accident occurred and you failed to secure evidence to counter such an argument due to your injuries?
The best lawyer specializing in parked car open door accidents California offers can devise a robust legal strategy to protect your rights and negotiate for a fair settlement. They can also do the following for you:
- Gather ample evidence to demonstrate the other party’s negligence.
- Determine liability for the accident.
- Assess the complete scope of damages endured.
- Handle communication with the insurance provider.
- Ensure adherence to all relevant legal deadlines.
- Proceed to trial if necessary.
At the Law Offices of Larry H. Parker, our experienced California car accident attorneys are dedicated to assisting you in pursuing rightful legal action through a personal injury claim against the accountable party. They will meticulously analyze your case particulars and devise tailored legal strategies to address your needs.
Contact our office at 800-333-0000 for a complimentary consultation and to explore your legal options with top car accident lawyers in California.
What Our Clients Have to Say About Us
While numerous personal injury lawyers can handle your bodily injury claim and devise a legal strategy, our team distinguishes itself through unwavering advocacy. Our personal injury attorneys are fully prepared to build a strong claim, a testament validated by our previous clients.
“I loved how, as soon as I called Larry H Parker, one of the associates immediately came to me. Not having to go into the office gave me a sense of comfort. They were persistent and very accommodating. I will recommend them to my family and friends.” -Sasha F.
Frequently Asked Questions
Accidents may be upsetting and complicated, leaving everyone involved with questions about their rights, obligations, and legal alternatives. Understanding the aftermath of an accident is critical for safeguarding your rights and getting proper compensation, regardless of whether you are the driver, passenger, or pedestrian.
If you have further questions, we answered some of the most often-asked concerns about road accidents.
- Four Most Important Elements to Look for in a Bicycle Accident Attorney in Los Angeles, CA
- Who Is Liable In A Bicycle Accident on Multi-Lane Roads?
- Should I Report a Hit-and-Run with No Damage?
- Did a Pothole Cause Your Bike Accident? Learn Who Could Be Held Accountable
Works Cited
“Assembly Bill 413.” California Legislative Information.
“Know the Road with the CHP: Can I park on the opposite side of the street?” ABC30, 2 July 2020. Accessed 2 May 2024.
“Section 22502 – Parking by curb, Cal. Veh. Code § 22502.” Casetext. Accessed 2 May 2024.
Shahamiri, James. “San Francisco 2012-2015 Collisions Report.” SFMTA, 3 November 2016. Accessed 2 May 2024.
