Dooring accidents are becoming increasingly more common in New Jersey and across the nation as more people use bicycles for commuting, exercise, and recreation. Especially in busy cities and downtown areas, dooring can result in significant injuries and damage. If you were hurt in a dooring accident, you may be able to sue for compensation. For more information and to secure the help of a skilled legal professional, continue reading and contact a knowledgeable New Jersey bicycle accident lawyer today.
What is a Dooring Accident?
A dooring accident is a collision between a cyclist and an unexpectedly opened car door. These accidents occur when a driver or passenger in a vehicle opens their door into a cyclist’s path, causing them to either ride straight into the door or person, or swerve out of the way and into moving traffic or another hazard.
Dooring accidents are incredibly dangerous as they often cause broken bones, spinal injuries, traumatic head injuries, and more. Riders often do not have the time or space needed to safely stop or avoid the door. If they do manage to swerve out of the way, cyclists could be thrown into traffic, increasing the risk of a secondary collision.
Can You Sue for a Dooring Accident in NJ?
If you were injured in a dooring accident in New Jersey, you can sue the at-fault party, given that their negligence caused the collision and your injuries. Negligence is the failure to act with reasonable care that an average person would. Motorists and passengers are expected to act with reasonable caution, which includes checking for cyclists before exiting a vehicle.
While New Jersey does not have a specific dooring law, drivers and passengers can still be held liable for these types of accidents if their carelessness caused the collision and damages. Through a claim or lawsuit, you can recover compensation for your medical expenses, lost wages from time taken off work, property damage, physical pain and suffering, emotional distress, and more.
Can the Cyclist Be Considered At Fault?
In most dooring accidents, the individual who opened the vehicle door is considered liable for the accident, as it is their responsibility to check that it is safe to exit before doing so. However, under certain circumstances, the cyclist could have also contributed to the accident.
For example, if the bicyclist was weaving recklessly between parked cars, failed to use a bike lane when one was available, was distracted while riding, or was riding somewhere they shouldn’t have been, they could be considered partially responsible under New Jersey’s comparative negligence laws.
In this case, they can be assigned a percentage of the blame. As long as they are not more at fault than the other party, they can still recover compensation, though it will be reduced by the amount they are found liable.
For more information, reach out to a skilled personal injury attorney today.
