A dooring accident happens when a driver or passenger opens a car door directly into the path of a cyclist, e-scooter rider, or even a motorcyclist coming from behind. The sudden opening of the car door gives little or no warning to the person riding by, causing them to crash into the door or swerve into traffic to avoid it — both of which can lead to severe injuries or even death. If you’ve been injured in this manner, an Indianapolis bicycle accident lawyer can help you understand your rights and seek legal recourse against the party responsible.
Common Injuries in Dooring Accidents
Dooring accidents often result in unexpected and serious injuries due to the sudden, high-impact nature of these crashes. Common injuries suffered in dooring accidents include:
- Broken bones and fractures
- Deep cuts or lacerations
- Head injuries, including concussion or traumatic brain injury
- Dental injuries or jaw fractures
- Shoulder dislocations
- Spinal cord or back injuries
- Road rash and severe bruising
- Internal organ injuries
- Severe hand and wrist injuries
Because the consequences of a dooring crash can affect your life so significantly, it’s essential to seek prompt medical care and consider legal help to protect your recovery.
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Why Dooring Accidents Are So Dangerous
Dooring accidents are incredibly dangerous for riders as well as other drivers who are on the road. Here’s why it’s so dangerous:
Unprotected Road Users
Cyclists and e-scooter riders have almost no protection besides a helmet – if they’re wearing one. Unlike drivers, they aren’t shielded by the frame of a vehicle, airbags, or seat belts. When they collide with a suddenly opened door, their body absorbs most or all of the impact.
High Chance of Being Thrown Over The Handlebars
A rider moving at normal street speeds who hits a car door can be thrown over the handlebars, leading to direct head, face, or upper body injuries on the parked car, door, or even the pavement.
Danger of Other Vehicles on The Road
In an attempt to avoid hitting an opening door, many cyclists and scooter riders swerve left into the lane of nearby moving vehicles. This action may reduce direct impact with the door but puts riders at serious risk of being hit by passing cars, resulting in even more severe injuries.
The unpredictable nature and impact of these accidents can lead to serious injuries and catastrophic outcomes for riders.
Who Is at Fault in a Dooring Accident?
When a dooring accident happens, determining who is at fault is important for victims looking to pursue compensation afterward. Parties that are often liable include:
The Vehicle Occupant
In most cases, either the driver or passenger who opened the car door will be found liable. Failing to safely open a vehicle door can make the occupant responsible for causing the crash and liable for resulting injuries.
The Cyclist or Rider
Riders are sometimes blamed for the accident. For example, if they were going very fast, swerving unpredictably, or ignoring bike lanes, their actions may have contributed to the accident.
Vehicles Stopped in Bike Lanes
Leaving or stopping a vehicle in a bike lane puts all passing cyclists at risk. When a dooring accident happens in this situation, the vehicle driver could also be held liable because using bike lanes for stopping or parking is usually illegal under city rules – even if they didn’t open the door.
Determining responsibility in dooring cases is an important part of the legal process. The best way to get this figured out is to speak with a personal injury lawyer right away.
What Happens When The Cyclist/Rider is Partially At Fault For The Accident?
In Indiana, if a cyclist or e-scooter rider is partly to blame for a dooring accident, it’s important to understand comparative negligence rules. Indiana follows a modified comparative negligence system. You can still recover damages even if you share some responsibility for the crash, as long as your share of the blame does not exceed 50%.
Sec. 6. (a) In an action based on fault that is brought against:
(1) one (1) defendant; or
(2) two (2) or more defendants who may be treated as a single party;
the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.
(b) In an action based on fault that is brought against two (2) or more defendants, the claimant is barred from recovery if the claimant’s contributory fault is greater than the fault of all persons whose fault proximately contributed to the claimant’s damages.
However, any compensation you recover will be reduced by your percentage of fault.
Compensation You May Be Entitled To After a Dooring Accident
After a dooring accident in Indiana, victims may be entitled to several different types of compensation. The types of damages you can pursue depend on the severity of your injuries and the facts of your case, but generally include:
Economic Damages
These are meant to cover direct financial losses caused by the accident:
- Medical expenses: This includes bills for emergency treatment, follow-up doctor visits, surgeries, medication, therapy, and any ongoing medical care you might need.
- Lost wages and loss of earning capacity: If your injuries keep you from working or limit what kind of job you can do in the future, you can claim these income losses.
- Property damage: Compensation to repair or replace a damaged bicycle, e-scooter, or other property affected by the dooring accident.
Non-Economic Damages
These damages address the physical and personal impact of an accident that can’t be put into monetary terms. This includes:
- Pain and suffering: Compensation for physical discomfort, ongoing pain, or long-term complications following the accident.
- Emotional distress: Covers items like anxiety, depression, trauma, or the psychological aftermath resulting from the experience.
- Loss of enjoyment of life: Includes the impact on your everyday activities, hobbies, and the things you enjoyed before your injury.
Punitive Damages
Punitive damages may be awarded in rare, especially serious cases where the person who caused your injuries acted with malice, fraud, or deliberate misconduct. These are meant to punish exceptionally bad behavior rather than just repay losses.
Contact Vaughan & Vaughan Injury & Accident Lawyers Since 1913
If you’ve been involved in a dooring accident, the best thing you can do is reach out to an Indianapolis personal injury lawyer so they can help you get started with a claim for compensation.
