There are plenty of bicyclists in San Francisco who enjoy going out and riding each day. However, cyclists also face risks in and around the roadway, often due to the negligent actions of others. Bicycle accidents can cause severe injuries, and the team at Choulos, Choulos & Wyle is here to help if you or a loved one had been harmed. We know that dooring accidents can be devastating, and our San Francisco bike accident attorneys want to help injured cyclists secure the compensation they deserve.
During the latest reporting year in the state, there were more than 11,000 total bicyclist injuries and 124 bicyclist fatalities, according to the California Office of Traffic Safety. While many of these incidents were caused by “traditional” accidents, there are also times when a bicyclist is injured due to a “dooring” incident.
As the name suggests, a dooring incident happens when a cyclist is injured by the door of a car. There are various ways that dooring incidents can occur, including:
Most bicyclists are able to avoid hazards that they see on the roadway, but dooring incidents can happen quickly and are generally unpredictable. Even if a bicyclist is able to successfully avoid a door that opens suddenly, the avoidance tactics could result in the cyclist swerving into traffic. In other words, the bicyclist may be left with two bad options – running into the door or entering into traffic, both of which could lead to severe injuries.
According to California Vehicle Code 22517, dooring is an illegal act. The law states:
Nobody 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 traffic.
In other words, vehicle occupants have a legal responsibility to ensure that they do not create a hazard by opening their doors into the path of oncoming cyclists or other vehicles. They are permitted to keep the door open for a reasonable period only when actively loading or unloading the vehicle while it is parked on the roadside. However, they must check for oncoming traffic before opening the door and ensure that their actions do not put others at risk.
Violating this law is a traffic infraction and exposes cyclists to danger. If you are injured in a dooring accident while cycling, you have the right to pursue an insurance claim or lawsuit against the driver responsible.
When a vehicle occupant opens their door directly in front of an oncoming cyclist, the cyclist often has little to no time to react or take evasive action. As a result, the cyclist may collide with the opened door at considerable speed, leading to a violent impact that can throw them off their bicycle.
Cyclists do not have the metal frame or airbags that are present in cars, which leaves them incredibly vulnerable to serious injury. Moreover, the suddenness of these accidents can lead to additional complications. For example, a cyclist who is thrown into oncoming traffic may be struck by another vehicle.
Even when a bicyclist is wearing a helmet, a dooring incident could lead to severe injuries. It is not uncommon for the San Francisco bicycle accident lawyers at Choulos, Choulos & Wyle to help dooring victims who have sustained the following:
To establish liability in a dooring accident and secure the compensation you deserve, you will need to prove that the driver was negligent and caused your accident. Specifically, you will need to gather evidence to prove the four elements of negligence: duty of care, breach of duty, causation, and damages.
Proving these elements of negligence can be a complex and challenging process, especially when dealing with the physical and emotional aftermath of a serious accident. The attorneys at Choulos, Choulos & Wyle can conduct a full investigation into your dooring accident and gather the evidence that you need to prove your right to injury compensation in San Francisco.
If you or a loved one has been injured in a dooring accident while riding a bicycle, you should seek legal assistance as soon as possible. At Choulos, Choulos & Wyle, we know that there may be various types of compensation available to victims of these incidents, including the following:
While it is vital to report these incidents as soon as they occur in order to get an insurance settlement going, victims need to be aware that there is an overall statute of limitations for these cases. For bicycle accident injuries, victims will have two years from the date the injury occurs to file a lawsuit against an alleged negligent party to recover compensation.
When you need a San Francisco dooring accidence attorney, you can contact us for a free consultation of your case by clicking here or calling us at (415) 432-7290 or (877) 702-7800.
