Your Rights as a Bicyclist Hurt in a Dooring Accident

Bicyclists share the roadways with motorized vehicles of all types and sizes. Those who ride in areas where cars and trucks are parked along the streets are susceptible to “dooring” accidents. Dooring occurs when someone in a parked passenger vehicle suddenly opens one of the doors into a lane of travel. A bicyclist may ride right into the open door and be thrown off the bike, or might swerve to avoid the door and be hit by another vehicle.

A bicyclist hitting a car door or being hit by another vehicle can undergo blunt force trauma from the impact and also from the secondary impact with the road or another hard surface after being thrown off of the bicycle. Since bike riders have almost no external protection, they can suffer traumatic brain injuries (TBI), concussions, broken limbs, contusions, lacerations, burns and other injuries.

The California vehicle code prohibits opening the door of a vehicle on the side of moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of traffic. The statute also prohibits leaving a door open on the traffic side of the vehicle for a period of time longer than necessary to load or unload passengers. Violation of the statute is considered “negligence per se,” which means the vehicle’s driver or passenger who opened the door into oncoming traffic would be legally liable to the injured bicyclist.

A bicyclist who gets doored may be entitled to recover money damages as compensation for injuries. These damages can include current and future medical expenses, lost wages and other expenses directly resulting from the accident. The rider may also be able to recover damages for pain and suffering, emotional distress and diminished quality of life. If a bicyclist dies in the accident or as the result of the injuries suffered, his or her family may be able to recover damages for wrongful death.

If you are hurt in a dooring accident, your first priority should be to get to safety. That means getting out of traffic if you can or calling for help from people nearby. Then call 911 yourself or ask someone to do so. Try to get identifying information about the vehicle that doored you and about its driver. Take cellphone photos if you are able. Once emergency services arrive, request to be taken to an ER or trauma center for examination and treatment. As soon as possible, contact an experienced bicycle injury attorney who can make a full investigation of the incident and take steps to prepare a legal claim.

Pulverman & Pulverman, LLP in Santa Barbara is a law firm devoted to representing plaintiffs in personal injury cases throughout southern California. If you or a family member has been hurt in a bicycle accident, contact us online or call us at 805.259.3581 for a free consultation.

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RECENT VERDICTS AND SETTLEMENTS
- $4,375,772 Arbitration award to a man severely injured as a pedestrian after being abandoned on the side of Highway 101 at 2 a.m. He was struck and injured 20 minutes later by a hit and run motorist and lost a leg and survived a lengthy coma. His arbitration award was against his girlfriend who was negligent for abandoning him on the side of the road. She disputed any liability and blamed him for being drunk. The award was reduced by 50 percent because of his intoxication.
- $3,204,934 Verdict for a man who sued an insurance company for its unreasonable refusal to settle his claim for $100,000 (policy limits). The jury determined that the insurance company acted in bad faith and the court entered a judgment for the injured plaintiff. $2,200,000 Action against international cruise line for injuries suffered on an on-shore excursion based on negligent supervision of the shore excursion provider.
- $2,000,015 Mediated settlement for a man who suffered a crushed foot in a head-on collision in the desert. $2,000,000 Jury verdict for a female motorist hit by a truck on US 101. She sustained fractures to her pelvis, femur, tibia and fibula requiring surgery. $2,000,000 Recovered for a motorcyclist who was hit by a truck and sustained orthopedic and traumatic brain injuries.
- $1,250,000 Mediated settlement for a man injured in a motorcycle accident causing a broken foot, clavicle and punctured lung. Dispute over the extent of the injuries complicated by a previously undiagnosed diabetic condition. This represented the policy limits. $1,187,704 verdict on behalf of a bicyclist who sustained shoulder, knee and rib injuries by a truck driver who violated the bicyclist’s right of way.
- $1,100,000 Settlement for a man who was rear-ended by an underinsured motorist with a $25,000 liability policy. An additional $1,075,000 was recovered under the underinsured motorist policy. $1,010,866 A pedestrian walking out of a store in San Luis Obispo is struck by a motorist entering a parking space hitting the gas instead of the brakes causing a broken leg.
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- $815,000 Settlement for a man who suffered a herniated disc with an underinsured drunk driver who paid $15,000. An additional $800,000 was recovered under an underinsured motorist policy. $500,000 Mediated settlement for policy limits for a woman who broke her hip in a rear-end accident. The defense contended the injury existed before the accident and initially offered $51,000.
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- $600,000 Settlement for a woman who sustained a shoulder injury in an intersection collision with a driver who ran a red light.
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