Motorcycle dooring crashes occur when drivers and passengers open vehicle doors into the paths of riders, often causing severe injuries. Victims injured in these crashes may need to seek compensation for their injuries and other losses in a liability claim.
This blog discusses critical information victims need to know following a motorcycle dooring collision, including determining who may be liable for motorcycle dooring accidents.
At The Bongiorno Law Firm, our experienced New York City motorcycle accident lawyers are here to guide you through the legal process.
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Who May Be Liable for a Motorcycle Dooring Accident?
Several parties might share responsibility in a dooring accident involving a motorcyclist. Depending on the chain of events leading up to the accident, these parties may be at least partially liable:
- The Person Who Opened the Car Door: This person is usually assessed with primary liability for a door crash. Passengers and drivers are required to properly check for oncoming traffic before opening their car door. When the party opening the door fails to check for oncoming traffic, they can be held liable for the damages.
- Vehicle Driver: If the driver differs from the person who opened the car door, they could be liable, especially if they parked in an illegal or dangerous area.
- Motorcyclists: In some cases, motorcyclists may share fault if they were speeding, did not follow traffic laws or were distracted.
New York Law on Motorcycle Dooring Accidents
According to NYC Traffic Rules, Section 4-12(C), vehicle occupants are prohibited from getting out of any vehicle from the side facing ongoing traffic.
This law obligates drivers and passengers to exercise caution when exiting their vehicles. Failure to do so can result in an accident that could make drivers or passengers liable.
How Does NYC No-Fault Liability Impact Motorcycle Dooring Accidents?
New York is a no-fault state, which would typically mean injured parties would seek compensation for damages through their no-fault insurance policies. However, under New York law. motorcyclists are not covered by no-fault benefits. This means injured motorcycle victims must file to recover damages directly from the liable party’s insurance company.
Fault Is Not Assumed
While typically the person opening the door is liable for a dooring accident, fault cannot be assumed. Therefore, motorcycle crash victims need to prove the passenger or driver who opened the door was negligent.
In this scenario, it is a good idea to seek legal help. These crashes are never straightforward, and sometimes it can become a “he said, she said” situation. For example, the at-fault driver and insurer may try to shift blame to you by saying you were speeding.
What If I am Partially At Fault for a Dooring Crash?
Even if you are partially at fault for a motorcycle dooring accident, you may still be able to recover a portion of your damages. New York follows a pure comparative negligence rule.
What this law means is you will be held financially liable for your percentage of fault. Compensation awarded to you will be reduced by that percentage of fault.
For example:
If you were injured in a dooring accident and were awarded $100,000 in damages. The court determines you were 20 percent at fault for the dooring crash because you were distracted. Your compensation would be reduced by that 20 percent — meaning you would receive $80,000 instead of the full $100,000.
How Do I Prove Liability for a Motorcycle Dooring Accident?
After a dooring accident, you need to prove the other party was negligent in some way. For example, if they failed to check for traffic before opening their car door. Under the law, drivers and passengers are not permitted to exit the vehicle from the side facing the traveled part of a street in such a way that it would interfere with an approaching vehicle, such as a motorcycle or bicycle.
Evidence, such as a credible witness or surveillance video footage can help to establish the negligence of a passenger or driver who failed to take reasonable care before exiting a vehicle.
In addition to proving the other party was negligent, you will also need to link that individual’s negligence to the crash that your injuries. Seeking immediate medical attention to get a diagnosis for your injuries is vital to your case. If you wait to seek medical attention, the other party and insurer have room to argue that your injuries were not caused by the accident.
What Evidence Could Support My Dooring Accident Claim?
Key evidence that can support and strengthen your motorcycle dooring accident claim may include:
- Medical Records: This could include the diagnosis of your injuries and the date they occurred, treatment you received, the doctor’s prescribed plan of care and the recovery process.
- Photographs of Injuries: Pictures of your injuries and vehicle damage at the accident scene could indicate how major the incident was and the initial harm it caused you.
- Repair Bills for Damaged Motorcycles or Property: The repair costs establish the value of your property damages, allowing you to recover compensation to replace or repair your vehicle.
- Images and Videos of Accident Scene: The vehicle and motorcycle’s position could show who may be at fault for the accident.
- Witness Statements: Bystanders who saw events leading up to the accident can provide statements that verify your account of what happened at the accident.
- Police Reports: These documents could give insight into what happened to cause the dooring crash and provide the responding officer’s observations of the scene and all parties involved.
- Expert Witness Statements: Experts, like accident reconstruction specialists or medical experts, can provide testimony using their unbiased knowledge to shed light on the situation. For instance, a medical expert explain the extent of injuries and the long-term impact it has on a victim’s ability to work or enjoy life. Accident reconstruction specialists utilize their knowledge, training and various high-tech tools to reconstruct accidents to determine what happened.
Need Legal Guidance? Contact Our Law Firm Today
If you were injured in a motorcycle dooring accident in New York City, The Bongiorno Law Firm is ready to help you. Our experienced legal team has a proven track record of securing favorable outcomes for our clients in New York City, including those injured in motorcycle crashes.
We understand these cases have unique challenges, but we are prepared to fight diligently to protect your rights and secure the compensation you deserve.
Call The Bongiorno Law Firm today. (516) 741-4170
