An automobile occupant opening the vehicle’s door when you bicycle by can cause accident and might lead to devastating injuries to you. Such an accident is called ‘dooring’, and it is a more common occurrence than you might think. As per the League of American Bicyclists data, around 8% of every bike accident happens due to a rider being doored. In this regard, the question that everyone injured in that manner asks is: “which party is to blame?”
Whose Responsibility Is It?
California is one of the comparative negligence states. In this context, this means the injured one may sue that automobile occupant whether their negligence played a part in the dooring accident or not. In other words, the one who’s dangerous actions induced the crash will be responsible for damages that arise from it.
Dooring Accident and Negligence
That motorist or automobile passenger is often to blame for such an accident. The one who opens an auto’s door has a duty to turn his or her head and check the rearview mirrors to confirm that the roadway is clear. In other words, they must not open it to exit the vehicle without doing so. Bicyclists ride past numerous parked vehicles in busy streets, so they cannot carefully look at every single auto to confirm that the door is not opening.
Cyclists Also Have Duties to Fulfill
Even so, this is just a usual way of doing things, but not a formal court direction. In certain cases, a bicycle rider is likely to be found partly to blame for the dooring accident. For example, if they spot both the vehicle that pulls over and its brake lights when riding near to the door, they may be guilty. That is because, the jury or judge may determine that the bicyclist should not have done that, and thus, their deeds were dangerous and unreasonable.
Damages Available to the Bike Crash Victim
If you were struck and hurt by an auto door when bicycling, you deserve compensation amount for the whole damages you suffered. Depending upon the specifics of your injury claim, an attorney may help seek compensation for the following. If you want the help of a lawyer, you can click this link to find and contact one for your case. Here is a list of compensation he or she may help seek for you.
- Damage to the bicycle you rode
- Emergency medical costs
- Other hospital expenses
- Lost wages, which includes diminished earning capacity
- Pain and suffering
- Loss of enjoyment of life