What Are Open Car Door Motorcycle Accidents?
Who Is to Blame for My Accident Injuries?
Most of the time, the blame goes to the biker for an open car door motorcycle accident. This is due to a belief that they are more reckless than the car driver. We have many clients come to us and explain, "Someone opened their door and hit me driving my motorcycle". They want to know what their rights are in this unfortunate situation.
Many motorcycle accidents happen because drivers fail to see coming motorcycles. In most cases, this causes the cars to hit the motorcycles even though they should have been able to see them.
If this incident has caused you to get injured, then it's important that you immediately contact a skilled and experienced motorcycle injury attorney. Hiring a qualified personal injury attorney will help you learn what your rights are in your situation and they will work hard to get the blame for the motorcycle accident to the right person.
Here at the Law Offices of Oscar H Gutierrez, our motorcycle accident lawyers are some of the best. Combined, have years of experience getting our clients the compensation they deserve.
Common Causes of Motorcycle Accidents Caused by Open Car Doors
It can often be difficult to establish who is the at-fault party in these types of accidents. If you were hit by a car door on your motorcycle, below are some of the common causes.
Negligence: Most of the time, drivers fail to look properly around their car before they open the door. This puts the blame on the driver for not being aware of their surroundings.
Poor Visibility: Fog, rain or snow can make it hard to see motorcycles coming from behind. This can also prevent the biker from seeing the parked car with an open door.
Motorcycle Turns: Bike riders have to move to the right before they can turn. This can be very dangerous and can result in a serious accident.
Road Defects: Road defects can also cause an open door collision. If the road is full of potholes, then riders need to weave around the vehicles in front of them.
Illegal Parking: Illegal parking can also cause an open door collision. Usually, when people park illegally, they are in an accelerated state of mind to get back into their cars.
Unwary Biker: In some cases, the motorcycle rider has failed to take note of their surroundings.
Road Rage: Sometimes, drivers deliberately open their car doors in the path of unaware riders. Aside from this being a civil court case, this circumstance could make it a criminal act.
An open car door can also cause a collision. It can result in various injuries, such as brain damage, broken bones and spinal cord injuries. Even if the biker can immediately react to the situation, the sudden impact from the door can lead to a fatal accident.
Who Gets the Blame in Open Car Door Motorcycle Accidents?
The factors that caused the accidents involving open car doors can be traced back to the actions of both the driver and the biker. However, it's still not clear who is at fault and who can be sued for compensation.
Generally, the at-fault party is the one who is responsible for the damages caused by an accident. This can be determined by looking into the records of the parties involved in the accident.
In California, all vehicle owners must keep their doors open at all times to allow their passengers to get in and out. This law applies to both the drivers and their passengers. It states that they should not open the door for more than five seconds to allow their passengers to get in and out.
Sometimes, it can be argued that the biker was at fault for the accident. However, it's still possible that the other factors that caused the crash can be rebutted. For instance, if the biker was driving at an unreasonable speed, he or she could be considered at fault.
In other cases, the failure of government agencies to provide adequate safety measures or the poor road conditions could have caused the accident. They may be the ones at fault for the crash.
We Are Here to Help You
If you come to us and say, "I ran into a car door while driving a motorcycle," we will work hard to help you get through this unfortunate situation. Our experienced and aggressive motorcycle accident attorneys can help you get the compensation that you deserve. We take pride in being able to give our clients the help they need.