Getting doored is a situation that no bicyclists want to experience. You are riding peacefully, and then out of nowhere, a car door suddenly opens and slams into you, causing injuries. Rare as it may sound, but cyclists are among the most vulnerable of road users across the U.S.
Unlike motorcyclists and vehicle drivers, cyclists are more vulnerable while commuting. Among the different accident risks they face, “Dooring” has caused major accidents. In many cases, bicyclists are the ones to blame, which reduces their chances of receiving fair compensation.
So, what to do? Check out this blog for a comprehensive guide on what to do after being doored.
What does the Florida law say about dooring?
Florida Statute 316.2005 explicitly prohibits a vehicle door from moving into moving traffic or leaving it open for an extended period of time. Cyclists injured by carelessly opened car doors may be eligible for a cycle accident claim.
The first step after a dooring accident should always be to ensure your own safety. Here’s what you need to do:
- Check for injuries
- Move to a safe location
- Call 911
- Do not admit your fault
What are the common injuries associated with dooring accidents?
While dooring accidents might be taken lightly, the injuries can be highly severe. Here are some of the common injuries in a dooring accident:
- Head Injuries (Concussion, TBIs)
- Broken Bones (arms, Wrists, Collarbones, Legs)
- Spinal Cord Injuries
- Soft Tissue Damage (Sprains, Strains, Road Rash)
- Facial Injuries (Cuts, Lost Teeth)
- Potentially Fatal Internal Injuries
Can I sue if a car door hits me while cycling?
Yes, if a car door hits you while you are cycling, you can definitely sue the driver or owner of the car. Dooring accidents are highly common in Florida. According to the Florida Department of Highway Safety and Motor Vehicles (FLHSMV), over 6,000 bicycle accidents were reported in the state in a single year.
Dooring is a significant cause behind bicycle accidents and is liable for fair compensation. Due to the increasing number of dooring cases, Florida State Laws have made it possible for victims to pursue a bike crash injury claim.
Who is at fault in a bicycle dooring accident?
After ensuring your medical safety, legal concerns may arise. While you might be the victim of dooring, the law isn’t always focused on the door opener. To succeed in court with a claim of negligence, the bicyclist needs to prove the following:
Duty
The person in care, that is, the car driver, owed you a duty of care. They should have carefully looked out of their wing mirrors or windows to see if anyone was approaching the car.
Breach
If someone doesn’t act with due caution, the duty of care is breached. Here’s when our bicycle dooring accident lawyer can help you prove how it was violated.
Causation
This part is the most difficult to prove: the breach of duty of care that led to the dooring accident and resulting injuries. In this phase, the cause, in fact or proximate cause, determining that only the driver’s negligence has caused the accident will be focused upon.
How much compensation can cyclists get after a dooring accident?
Compensation for cyclists involved in a car door bicycle accident varies based on the severity of the injury, the extent of damage, and local laws. Typically, cyclists can claim medical expenses, lost wages, and costs for bike repairs or replacement. Pain and suffering, as well as long-term disability, can lead to increased compensation.
The responsible party is often the driver or passenger who opened the door negligently. In some cases, insurance companies may cover these damages; however, settlements depend on the evidence and the quality of legal representation. It’s essential for cyclists to thoroughly document the accident and seek legal advice to maximise compensation. Laws differ by region, so understanding local regulations is crucial.
How can we help?
Navigating through the legal complexity of a bicycle accident can be complex. Consulting with us can help you easily navigate legal aspects. Here’s how we can help:
- Case Evaluation
- Gathering Evidence
- Negotiating with Insurance Companies
- Legal Representation in Court
- Determining Liability
- Calculating Damages
Final Thoughts
Dooring accidents should be taken seriously. At Abercrombie, P.A., our team of bicycle accident attorneys is ready to fight for your rights. With years of experience and understanding of Florida Law and regulations, our attorneys handle your case.
Looking for the right bicycle accident lawyer. Call Us for a Free Consultation.
