Were you riding your bike on the street when you unexpectedly ran into a car door as someone opened it? This can lead to a very serious injury and damage to the vehicle. However, you likely have some questions about this accident when determining who is liable for the accident.
Why Was The Door Suddenly Opened?
You need to start by asking yourself why the door suddenly opened and caused the accident. It is the driver's responsibility to check for cyclists since they are the ones in control of the door that can cause an accident. This is often the case when a door is opened moments before an accident happens without enough time for the cyclist to react.
Could The Cyclist Have Moved To Avoid The Door?
Hitting a door as a cyclist does not always mean that the driver of the car is responsible. You need to consider if you had enough time to see the door and could have moved around it. If the driver opened the door with you far enough behind them, it is up to you to go around them.
However, going around the door may not always be possible with limited reaction time. If the driver did not leave any room to go around the door, and the cyclist had limited reaction time, that would make the driver responsible.
Were There Poor Road Conditions That Caused The Accident?
You should also consider the road condition at the time of the accident and if that could have contributed to it happening. For example, if there is poor lighting during a nighttime accident, it may be impossible for the driver to see a cyclist that is about to hit them. It could be argued that the cyclist was not considering the road condition at the time when a driver would have a hard time seeing them. It is also up to the cyclist to be easily spotted by drivers in poor conditions. This includes having reflectors and using lights when riding at night.
Can Both The Cyclist And Driver Be Found Liable?
It is entirely possible that both people are responsible for a dooring accident, and the fault will not be completely on one person or the other. This is important when considering the financial losses of each person since a cyclist may have more injuries than a driver when involved in a dooring accident.
Contact a bicycle accident lawyer near you to learn more.
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