Motorcyclists know that when they are riding along a city street, it is important to avoid the “door zone,” meaning the space alongside parked cars in which a sudden opening of a door into the roadway can strike a motorcyclist and cause serious injury.
If you were injured in a door accident, a motorcycle accident attorney in Los Angeles at Salamati Law can help you during this difficult time. We protect your rights and negotiate with the motorist’s insurance company so that you may receive the compensation you deserve for your injuries.
What Is a Motorcycle Dooring Accident?
Dooring occurs when an occupant of a vehicle occupant opens their door into a motorcyclist’s path, striking the rider. Generally, dooring accidents occur within just a few feet of parked or stopped vehicles.
How Dooring Accidents Happen on California Roads
Dooring accidents most frequently occur on city streets. In Los Angeles, many streets are narrow with heavy traffic and cars are parked along them, so it can be difficult for even the most experienced motorcyclist to fully avoid the door zone. Dooring accidents are also more likely to happen at night, due to reduced visibility of vehicle occupants.
California is one of the few states in which lane splitting is completely legal. Lane splitting involves riding a motorcycle between two lanes of traffic going in the same direction. Lane-splitting motorcyclists are more vulnerable to dooring because lane splitting puts motorcycles closer to parked and standing vehicles.
Common Injuries Caused by Motorcycle Dooring Accidents
Motorcyclists usually recover from dooring accidents but may need surgery and considerable time to recuperate. During that period, they may be unable to work.
Common injuries caused by motorcycle dooring accidents include:
- Fractures
- Shoulder injuries
- Soft tissue injuries
- Sprains and strains
However, there are situations in which the dooring incident pushes the motorcyclist into traffic and they are hit. This is especially true if the motorcyclists were traveling at a high speed when the dooring occurred. These injuries may prove more serious and even fatal, such as:
- Internal organ damage
- Multiple fractures
- Spinal cord injuries
- Traumatic brain injury
Who Is at Fault in a California Dooring Accident?
In most cases, the driver of the vehicle is at fault for a California dooring accident. Under California’s Vehicle Code 22517: “No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open on the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”
The law is clear. It is negligent to open the door of a car onto the roadway without checking to see if a motorcyclist, bicyclist, pedestrian, or another vehicle is nearby and could get hit by the door.
When determining fault, the person who caused the accident is generally liable. With a motorcycle dooring accident, it is almost always the person opening the car door. However, there are circumstances in which the motorcyclist may be partly responsible, such as traveling over the speed limit when the dooring took place.
Because California operates under a pure comparative negligence standard when it comes to liability, that means a motorcyclist can still receive compensation even if they were partly to blame for the accident. For instance, if the insurance adjuster or a judge or jury determines the motorcyclist is 20 percent to blame for the accident, their compensation is reduced by that percentage.
Steps to Take After a Motorcycle Dooring Accident
After a dooring accident:
- Call 911.
- Get the driver’s name, license number, insurance information, address and contact details.
- Take extensive photos and videos of the accident scene.
- Obtain the names and contact details of any eyewitnesses.
- Always seek prompt medical attention, even if you do not initially think you were hurt. The adrenaline coursing through your body after an accident can mask even serious injuries. Both for your health and your insurance claim, it is imperative that you are evaluated and treated at a hospital or urgent care facility right away. Otherwise, insurance companies will minimize the severity of your injuries or even allege that they resulted from another event.
- Consult a dooring accident lawyer as soon as possible. Although the statute of limitations for filing a personal injury lawsuit in California is two years from the accident date, waiting too long to hire legal counsel can mean critical evidence may vanish. For example, nearby surveillance video is often overwritten within weeks, according to the system. Your attorney can subpoena the video footage if notified in time, before it is lost forever.
Contact a Los Angeles Motorcycle Accident Lawyer
If you were the victim of a dooring accident or any other type of motorcycle injury caused by another party’s negligence, you need the services of an experienced motorcycle accident attorney in Los Angeles at Salamati Law. Schedule a free, no-obligation consultation today. Since we work on a contingency basis, you pay no fee unless you receive compensation.
