Daniel Petrov | September 23, 2024 | Bike Accident
For cyclists, car doors can be one of the most dangerous threats on the road. An open door can cause cyclists to flip over the bike (and the car door) at a speed of up to twenty miles per hour. Serious injuries can occur to the cyclist, and at times, the vehicle passenger if he or she steps out of the car as the bike hits the door.
The attorneys at Petrov Personal Injury Lawyers have years of experience in personal injury, and know the ins and outs of bicycle accidents and car accidents in California.
Does Car Insurance Cover Bike Dooring Accidents in California?
Who is at fault and how does each person recover the costs caused by the accident? Generally, both parties will need to hire an attorney if the medical costs are high for one or both parties. That’s why it’s important to find a lawyer who understands the complexities of laws involving bike dooring accidents.
Whether or not insurance covers bike dooring accidents depends on a number of factors. Car insurance is only meant to cover costs while the vehicle is in operation. Opening a car door while parked is not typically considered part of normal vehicle operation. Homeowner’s insurance might cover some of the costs depending on where the vehicle is parked. However, homeowner’s insurance generally comes with a high deductible ($2,500). If the medical costs associated with an accident are less than $2,500, the money will have to come out of pocket.
What Factors Affect Fault in a Bike Dooring Accident?
Fault is also an important issue when dealing with a bike rider running into a car door. While cyclists are expected to be aware of their surroundings, drivers also have a duty to safely exit their vehicles. Understanding fault helps determine which insurance policies, if any, might offer coverage and whether legal action is necessary to recover costs.
Some of the questions to look at when trying to determine fault include:
- Was the vehicle in place for more than a few minutes before the door opened?
- Should the cyclist have known the car was newly parked in the space?
- Was the car parked near a designated bike lane?
- Was either person on the phone or otherwise distracted when the accident occurred?
Feelings of guilt, anger, and frustration are very common when a cyclist runs into an open car door. However, unless there are significant medical costs, each party might be better by simply covering his or her own expenses.
What Type of Injuries Can Happen After A Bike Dooring Accident?
Bike dooring accidents may seem minor, but they can result in a wide range of injuries, from superficial to life-altering.
Some of the most frequent injuries from bike dooring accidents:
- Head injuries like concussions, skull fractures, and traumatic brain injuries (TMI) can occur, especially if the cyclist isn’t wearing a helmet.
- Fractures and broken bones are common, as an impact with a car door or subsequent falls can lead to broken collarbones, wrists, arms, or legs.
- Soft tissue injuries like sprains, strains, and contusions to muscles, tendons, and ligaments are common.
- Lacerations and abrasions including cuts and scrapes from contact with the car door, road, or debris on the ground can range from minor to severe.
- In severe cases, cyclists may suffer internal bleeding or organ damage.
The severity of injuries depends on factors like the cyclist’s speed, impact angle, and protective gear usage. Even seemingly minor accidents can have long-lasting consequences, emphasizing the importance of safe cycling practices and driver awareness.
What to Do After a Bike Dooring Accident in California
If you were involved in a bike dooring accident, your safety is key. Take the following steps to ensure your well-being:
- Move to a safe location if possible.
- Call for medical assistance or go to the nearest emergency room, even if injuries seem minor.
- Document the accident scene. If you are able, take photos or videos of the scene, including the vehicle, bike, and any visible injuries.
- Get the contact and insurance information of the driver and any witnesses.
- File a police report to create an official record of the accident, even if your injuries seem minor.
- Obtain a copy of the police report and any medical records related to the accident.
- Consult a personal injury attorney to help you understand your rights, navigate insurance claims, and potentially pursue compensation for your injuries and damages.
Remember, your health and well-being are the top priorities. Seeking legal advice can help protect your rights and ensure you receive fair compensation for your injuries and losses.
Contact Petrov Personal Injury Lawyers
If you’ve been involved in a bike dooring accident in California, you don’t have to suffer through your injuries alone. Contact us at Petrov Personal Injury Lawyers for a free consultation to learn more about your options after your bike dooring accident.