Dooring accidents occur when a driver opens their car door into the path of a passing bicyclist. Because bicyclists lack the structural protection of a vehicle, they can suffer serious injuries in these crashes.
A driver who causes a bicycle accident in Georgia by opening their door into oncoming traffic without confirming the coast is clear may be liable for the injuries. The cyclist, in turn, may be eligible to recover compensation through a personal injury claim against the negligent driver.
Why Do Bicycle Dooring Accidents Happen in Georgia?
Dooring accidents typically happen because a driver or passenger fails to check for approaching cyclists before opening a vehicle door. (Motorcycle dooring accidents happen in the same way.) Distractions such as cell phones, conversations, or rushing to exit a vehicle often contribute to crashes. Even a brief lapse in a driver’s or passenger’s attention can leave cyclists without time or space to react and avoid impact, potentially causing a severe collision.
In many Georgia communities, the risk of a dooring accident is higher than in others. For instance, in city streets, the streets can be narrow and congested, forcing riders to ride close to parked cars.
Does Georgia Have Dooring Laws?
Under Ga. Code § 40-6-243, drivers and passengers cannot open a vehicle door in front of moving traffic unless and until it’s reasonably safe to do so. They must also shut vehicle doors near moving traffic within a reasonable time. A driver’s failure to check for an approaching cyclist before opening a door can be negligent, or the driver’s failure to uphold their basic duty to avoid causing an accident, leaving the driver liable for any resulting harm.
What Are Common Injuries from a Bicycle Dooring Accident?
Because bicycles offer little physical protection to riders, a dooring accident can cause serious, even life-threatening, injuries, or “catastrophic” injuries, even when cyclists wear helmets and other protective gear. The sudden, forceful impact that comes from colliding with a vehicle door or the pavement can cause trauma to multiple parts of the body. Even at low speeds, these collisions can be severe and long-lasting. Common injuries from bicycle dooring accidents include:
- Broken bones
- Head and brain injuries
- Spinal cord damage
- Deep lacerations and road rash
- Internal bleeding
- Dental and facial fractures
- Soft tissue injuries.
How Can You Prove Who Is at Fault for a Dooring Accident?
Proving fault in a dooring accident determines who bears financial responsibility for the cyclist’s injuries and losses. A person who acted negligently can be held liable through an insurance claim or personal injury lawsuit against the driver or passenger who opened the door unsafely into the cyclist’s path.
Establishing fault requires demonstrating that someone opened the door without exercising reasonable care and that their actions directly caused the collision and your injuries. Substantial evidence can help support the cyclist’s version of events and counter any disputes about what happened. Evidence the cyclist and their bicycle accident lawyer may use in a Georgia dooring accident case typically includes:
- Police or accident reports documenting the incident
- Eyewitness statements from nearby drivers, pedestrians, passengers, or other cyclists
- Footage showing how the motor vehicle driver or passenger opened the door
- Photos of the accident scene, the vehicle, bicycle damage, and the rider’s injuries
- Medical records and medical bills linking the injuries to the crash
- Work records documenting your lost wages due to your injuries
- Expert testimony about accident mechanics or injury severity.
What Damages Can You Seek in a Georgia Dooring Accident Claim?
If you suffered injuries in a dooring accident while riding your bike, you may be entitled to seek compensation for the resulting financial and personal losses. Your bicycle accident claim can address both economic and non-economic losses, depending on the severity of your injuries and their long-term effects. Some losses for which you might seek compensation include:
- Medical expenses, including future medical expenses and rehabilitation costs
- Lost wages, including loss of future earning capacity
- Bicycle repair or replacement costs
- Pain and suffering
- Emotional distress
- Scarring or disfigurement
- Loss of enjoyment of life
How Does It Affect Compensation If the Cyclist Is Partly at Fault for the Dooring Accident?
Sometimes, the driver and cyclist share responsibility for a dooring accident. Under Georgia law, sharing fault will not necessarily prevent the cyclist from recovering compensation.
Georgia follows a modified version of comparative negligence. In Georgia, when an injured person is partially at fault, they can recover a proportionally reduced amount of compensation, provided their share of responsibility is less than 50 percent.
For example, if a cyclist in a dooring accident is 20 percent responsible for riding too close to a parked car, the court would reduce their total recovery by 20 percent. Insurance companies typically rely on this rule to minimize payouts. So, if evidence clearly shows the driver’s negligence, it can make a significant difference in protecting the cyclist’s right to fair compensation.
How Long Do You Have to File a Dooring Accident Lawsuit in Georgia?
If you were injured in a dooring accident while cycling, you have a limited time to file a lawsuit under Georgia law. In most cases, the deadline is just two years from the date of the injury. Failure to file on time generally means losing the right to seek compensation in court. Certain factors can affect the timeline. So, it’s essential to consult a Georgia bicycle accident attorney right away to fully understand your legal rights and options and preserve your right to pursue financial recovery.
Contact a Georgia Bicycle Accident Lawyer
A dooring accident can leave you with severe injuries and significant financial stress. Let the team at Sherrod & Bernard, P.C., manage the legal burden while you focus on healing. We’ve served Douglasville injury victims for over 30 years and have more than 85 years of combined experience. Our team has recovered millions for our deserving clients, including $1.5 million for an injured cyclist. Check out what our satisfied clients have to say about their experience working with us, and contact our office to get started with your free consultation.
