As a bicyclist, you may be extremely mindful of staying within the designated bike lane on a busy road shared with other vehicles. But even if you try to maintain a safe distance between yourself and neighboring vehicles, it may be impossible to predict a vehicle door swinging out into your path. This is otherwise known as a bicyle “dooring” accident. With that being said, please continue reading to learn more about “dooring” accidents and how one of the experienced Monmouth County bicycle accident attorneys at Wilton Law Firm can help you establish the at-fault party in yours and take legal action against them as deemed necessary.
How do I know if I was involved in a bicycle “dooring” accident?
Specifically, a bicycle “dooring” accident occurs when a driver or passenger of a parked or stopped vehicles opens their door into the path of a bicyclist. This obstruction ultimately results in a bicyclist colliding with the door. Or, in an effort to avoid to door, a bicyclist may swerve into vehicle or pedestrian traffic. Either way, a bicyclist is usually left with serious injuries, not to mention property damages to their bicycle and other personal belongings.
Who is the at fault party in a bicycle “dooring” accident?
Of note, New Jersey traffic law mandates that vehicle drivers and passengers must exercise due caution and check for other road users, including bicyclists, before opening their door. This, in combination with the fact that a driver or passenger is left unharmed while a bicyclist gets severely hurt, may make you assume that a vehicle occupant is always to blame for a bicycle “dooring” accident. However, there are certain factors that may make the bicyclist the at-fault party.
For example, a bicyclist may have acted negligently if they failed to use lights or wear reflective gear at nighttime. Here, a driver or passenger may have indeed checked before opening their door, but could not reasonably spot an incoming bicyclist. Or, a bicyclist may have violated an enforced traffic law, like if they were riding against traffic. With this, a driver or passenger may have checked behind them, but not in front of them, before opening their door.
It may even be possible for a municipality to be a liable party. This is if there were unsafe road conditions that ultimately contributed to the collision event. This is where New Jersey’s modified comparative negligence statute may come into play, where you may realize that there is more than one at-fault party for your accident, yourself included. Even still, you may be able to recover partial financial compensation in your personal injury claim.
We understand that you may not want to deal with any of this right now, but it must be addressed for the sake of your physical, emotional, and financial well-being. So please allow one of the skilled Monmouth County auto accident attorneys from Wilton Law Firm to make this legal process less burdensome for you overall. We will be happy to help and give you much-needed relief.