When cyclists share the road with motor vehicles, safety can change in an instant, especially when someone unexpectedly opens a car door. This type of incident is known as a “dooring” accident, and it can result in serious injuries for unsuspecting cyclists.
With over three decades of combined legal experience and a track record of securing significant recoveries for injured clients, Glugeth & Pierguidi, P.C. knows how to investigate accidents, challenge unfair fault determinations, and fight back against insurance companies that try to minimize your claim. What sets us apart is not just our courtroom strength but also the way we treat every client with care, respect, and unwavering dedication.
When you work with our team, you’ll get clear communication throughout the process and a legal strategy tailored to your unique circumstances.
Let’s break down what a bike dooring accident is, who is at fault in a dooring accident, and what to do if it happens to you.
What Is a Dooring Accident?
A dooring accident happens when a driver or passenger opens a car door into the path of an oncoming cyclist, resulting in a collision. These accidents often occur when vehicles are parallel-parked along streets or curbs, especially in cities or densely populated urban areas.
Cyclists typically don’t have enough time to react, leading to falls, swerving into traffic, or collisions with the door or the vehicle itself. Because a cyclist is unprotected, dooring can cause:
- Broken bones,
- Head injuries,
- Neck and spinal damage, and
- Lacerations, and
- Road rash.
Even at low speeds, the impact can be severe, particularly if the cyclist is thrown into oncoming traffic or stationary objects.
Who Is at Fault in a Dooring Accident?
Authorities don’t automatically assign fault to the person who opened the car door. While drivers and passengers have a legal duty to check for oncoming cyclists before opening a door, liability ultimately depends on the specific facts of the case.
When the Driver or Passenger Is at Fault
Opening a door into traffic without checking for cyclists violates the duty of care all drivers and passengers owe to others on the road. Drivers and passengers are expected to:
- Look for cyclists before opening doors,
- Use mirrors and check blind spots, and
- Open doors slowly and cautiously.
Failing to take these steps may constitute evidence of negligence under New Jersey law, since drivers and passengers are required to act with reasonable care and avoid endangering others.
Cyclists also have responsibilities. If the cyclist was riding outside the bike lane without reason, ignoring traffic signs, or riding in poor visibility without proper lights, they could share a portion of fault for the accident.
Comparative Negligence in New Jersey
New Jersey follows a modified comparative negligence rule. Under this rule, if a cyclist is partly responsible for the accident, their compensation may be reduced by the percentage of fault attributed to them.
For example, if a cyclist is found to be 20% at fault and their total damages are $50,000, they could still recover $40,000. However, if the cyclist is more than 50% at fault, they may be barred from recovery altogether.
That’s why it’s essential to work with a skilled attorney who can present evidence in your favor and limit any unfair assignment of fault.
Bicycle Dooring Accidents: What Steps Should I Take?
Taking the proper steps after a dooring crash can protect your health, rights, and claim:
- Seek medical care immediately. Get checked by a doctor. Even if you don’t feel seriously injured, symptoms may develop later.
- Call the police. File a police report so there’s an official record of the accident.
- Get contact information. Collect the driver’s name, phone number, and insurance details. You should also get the contact details of any witnesses.
- Document the scene. Take photos of the car, open door, your bike, visible injuries, road signs, and anything else that may support your version of events.
- Avoid speaking to insurers alone. The driver’s insurance company may try to shift blame. Speak to a lawyer before giving any statements.
- Contact a personal injury lawyer. An attorney can guide you through your options, preserve evidence, and protect your claim.
Following these steps can help preserve critical evidence, support your version of events, and protect your legal rights after the accident.
Do I Need an Attorney?
While not required, hiring an attorney is recommended, especially if you suffered injuries or are unsure who was at fault. Here’s why legal representation matters:
- Help investigate and prove liability. An attorney will thoroughly examine the accident, obtain the police report, speak with witnesses, and secure any available surveillance or dashcam footage.
- Handle insurance communications. Insurance companies often try to minimize payouts. Your lawyer can deal with insurers directly and push back against lowball settlement offers or attempts to shift blame.
- Calculate the full extent of your damages. From medical bills and lost wages to long-term rehabilitation and pain and suffering, a lawyer will calculate the actual value of your claim.
- Ensure you file on time. New Jersey’s statute of limitations generally gives you two years from the accident date to file a personal injury lawsuit. Your lawyer will help ensure everything is filed correctly and on time to preserve your rights.
Having a trusted attorney on your side can make the legal process less stressful and give you the confidence that someone is fighting for your rights.
Bike Dooring Accident? Get Legal Help That Makes a Difference
At Glugeth & Pierguidi, P.C., we understand the unique challenges cyclists face, and we’ve helped countless injured riders secure justice and compensation. Our team recognizes that bicycle dooring accidents can disrupt your health, finances, and daily life.
That’s why we treat every case with the urgency and care it deserves, taking the time to listen to your story, investigate every detail, and build a case tailored to your specific needs.
We have cultivated a reputation for thorough case preparation and skilled advocacy. We don’t rely on generic strategies. Instead, we delve deeply into the facts, consult with trusted experts when necessary, and challenge any attempt by insurers to shift blame onto the cyclist unfairly.
At every stage, we prioritize transparency, clear communication, and client-focused service, so you feel supported and informed about your legal options.
If you were hit by a car door while biking in New Jersey, contact us today for a free consultation.
David Pierguidi and Jared Glugeth understand how hard it may be for you and your family following an accident resulting from someone’s negligent actions. Get the medical treatment you need right away and then call our law firm at any time of day for answers to your questions.
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