Did you know that accidents between motorcyclists and drivers who open their car doors are very common? You might think that these accidents only happen in movies, but the reality is that these incidents even have a name, they are called dooring.
Dooring happens when someone who is driving a motorcycle collides with a parked car when the door is suddenly opened in the path of the motorcyclist. In these accidents, it’s important to determine who is at fault, but figuring this out can sometimes be difficult. Here’s what you need to know.
Negligence in Dooring Cases
When it comes to personal injury claims, including motorcycle accidents, negligence is important to consider. While most dooring cases are not intentional they can be due to neglect on behalf of the car driver or the motorcyclist. In order to prove negligence, the person who is injured has to prove that the person who caused the injury had a responsibility to care, that they breached that duty, and as a direct result, the person was injured. Many motorcycle accidents cause by open car door are the fault of the car driver depending on the state laws, but it could also be partly the motorcyclist at fault.
The Driver’s Responsibility
Many states have rules that require drivers and passengers of motor vehicles to open their car doors safely. This means looking for traffic, bicyclists and even motorcyclists before opening a door. If the driver or passenger doesn’t check first, they can be found negligent and liable for any injuries to the motorcyclist and any others that were harmed as a result of their actions. These dooring laws help protect people and motorcycle accidents cause by open car door. If these laws are active in a district, it is easier to determine that the driver or passenger was negligent.
The Motorcyclist’s Responsibility
Of course, motorcyclists are also responsible for driving safely on the roads. Motorcycle drivers should make sure they are driving at or below the speed limit, especially in areas where they could be impacted by a dooring accident. They also need to leave ample space between them and parked cars. Vigilance is crucial along city streets where there are a lot of parked cars especially. If they are speeding, driving under the influence, or not watching out for issues, they may be found to have a partial liability.
The Truth About Shared Liability
Sometimes it’s not completely clear who is at fault for a dooring accident. In some cases a negligent or reckless motorcyclist combined with a negligent driver or passenger results in an accident and injury. In this case, it’s important to determine how much liability each party is responsible for. These can be tricky to determine in motorcycle accidents cause by open car door and often necessitates the use of a good lawyer to sort everything out.
Motorcycle accidents cause by open car door are called dooring accidents. While in many cases, the driver of the car is at fault, sometimes there is shared liability with the motorcyclist. This is especially true if there is evidence of reckless driving. It’s important to work with a legal team well-versed in personal injury cases like these in your area.