What Is a Dooring Accident and Who’s at Fault in Alabama?

“Dooring” is an act that causes a type of accident when a cyclist hits an open car door. The accident can happen when a parked car door swings open into the path of an oncoming cyclist without the driver looking. In Alabama, the person opening the door into the cyclist’s path is generally at fault. 

However, careless behavior by the cyclist can also be a significant factor in personal injury claims, especially under Alabama’s strict contributory negligence rule.

Pursuing fair compensation for a bicycle dooring accident occurs can be challenging for people who suffer injuries in these accidents who lack legal representation. An Alabama bicycle accident lawyer will understand the intricacies of proving liability and how the state’s contributory negligence rule may impact your compensation.

How Do Dooring Accidents Happen?

Dooring accidents are common when cars parallel park. They often occur in downtown areas and in residential neighborhoods. In such places, it is easy for a careless person exiting a vehicle to open their door into the path of an oncoming bicyclist. Drivers who park too close to bike lanes are particularly susceptible to causing devastating dooring accidents.

Poor visibility can also contribute to dooring accidents. Inclement weather conditions or riding at night can increase the risk, especially if riders are not wearing bright colors or reflective materials. Individuals inside the vehicle may be unable to see approaching riders, and cyclists cannot see movement inside dark cars to determine whether someone is attempting to emerge.

Although not as common, dooring accidents can happen when cars are in motion. Drivers or passengers may open their doors recklessly while the vehicle is in motion, catching unsuspecting cyclists off guard.

Does Alabama Have Laws to Prevent Dooring Accidents?

Alabama has traffic laws meant to help curb dooring accidents. In Alabama, vehicle occupants must exercise caution when opening vehicle doors into traffic. Additionally, drivers and passengers cannot open their doors or leave them open for extended periods when the doors could interfere with traffic flow.

Cyclists must also follow the same traffic laws as motorists, including obeying all posted traffic signs and signals and maintaining a safe distance from parked vehicles when possible.

What Are Common Injuries in Dooring Accidents?

Movies and social media may depict dooring incidents as comedy, but they are not laughing matters. They can cause significant injuries to cyclists, hindering their ability to work and fulfill family obligations. Traumatic injuries can also negatively impact a person’s overall quality of life.

Some of the most common injuries that occur due to dooring accidents include:

• Traumatic brain injuries
• Concussions
• Neck and spine injuries
• Broken bones
• Dislocations
• Facial and dental injuries
• Soft tissue injuries.

Although cyclists can mitigate some injuries by wearing safety equipment such as helmets, hitting a heavy metal car door can still cause significant damage that may require extensive medical intervention and recovery time.

What Should You Do After a Dooring Accident?

Dooring accidents are sudden and unexpected. Although you may feel dazed and unsure about what comes next, staying calm and taking a few precautions can put you in a better position to advocate for yourself and pursue fair compensation later.

If you are involved in a dooring or other bicycle accident, you should take steps that include the following:

• Report the accident and call law enforcement.
• Assess yourself for injuries and seek medical attention as soon as possible.
• Collect the other driver’s information, including their driver’s license and insurance information.
• Get contact information for witnesses and, if possible, statements.
• Document the accident scene with pictures and videos.
• Contact a bicycle accident lawyer and avoid giving a recorded statement to an insurer until you talk with the lawyer.
• Save documentation and any bills related to the accident.
• Avoid posting on social media about your accident, injuries, and case.
• Follow your doctor’s instructions and keep follow-up appointments.

Once you connect with a bicycle accident attorney, they can guide you through your situation and keep an insurance claim or personal injury lawsuit on track.

How Can You Prove Who Is At Fault for a Dooring Accident?

Alabama follows a fault-based insurance system.  So, a dooring accident victim must establish fault to recover damages for their injuries. In a fault-based system, you file a claim with the at-fault party’s insurance company. You must give the insurer ample evidence that the other person is to blame.

Proving fault requires evidence showing that the motorist’s action contributed to the cause of the accident, and the accident directly caused you harm. Evidence that can help substantiate your dooring accident claim can include:

• Witness statements
• Police reports,
• Physical evidence from the scene
• Pictures and videos of the accident site
• Medical records.

To obtain compensation in a personal injury case, you must prove that the other party is entirely to blame for the accident. The contributory negligence rule binds Alabama courts in personal injury cases. Under this rule, and in most cases, a bicycle accident victim could not recover any compensation for their injuries if their negligence even slightly contributed to the accident.

This harsh rule applies to only civil lawsuits. Still, insurance companies use it as a model for assessing claim value. Aggressive adjusters can diminish or deny a claim by suggesting that the cyclist shoulders partial fault for the accident.

What Compensation Could Be Available in an Alabama Dooring Accident Claim?

The overall value of an Alabama dooring accident claim varies based on the severity of the injured person’s injuries, liability, and other factors. Typically, victims who suffer severe injuries can pursue compensation for:

• Medical expenses
• Lost wages
• Loss of earning capacity
• Property damage
• Pain and suffering.

Does Alabama Have a Time Limit for Filing a Dooring Accident Lawsuit?

Yes. Under Alabama law, an injured person has two years from their date of injury to file their case. If the injured party files their case after the deadline has passed, it will likely get dismissed without a hearing, and they will lose the opportunity to pursue compensation in court despite their serious injuries.

Contact an Alabama Bicycle Accident Lawyer Near You

At Gartlan Injury Law, we are committed to honest representation and aggressive trial strategies. We have a reputation for delivering results. We want to work with you to hold careless drivers accountable for their actions and seek the compensation you deserve.

Contact us today for a free consultation with an experienced personal injury attorney who will get to know you and fight for you.