A Car Door Opened Into Me As I Was Riding My Bike. Do I Have A Claim Against The Driver?
Yes. You may have a claim against the driver that hit you. This is especially true if you followed the state’s bike laws and still get hit:
- Ride in the proper lane, follow the traffic flow, and obey traffic rules.
- Stay on the rightmost side of the road as much as possible.
- Stay in the designated bike lane except when going to a location in another direction. Examples are when you overtake another cyclist or if you need to avoid a road obstacle.
- If you are with a group of other cyclists, no more than two cyclists can ride beside each other.
- If you are cycling in the dark, use reflectors or lights to be visible to other vehicles on the road.
It’s important to note that even if you violated any of these laws, you may still recover compensation from the driver, depending on the specific circumstances of the accident. Either way, the best way to find out if you have a valid claim is to talk to a South Carolina bicycle accident lawyer.
Injuries From Car-Dooring Bicycle Accidents in South Carolina Can Be Severe
Despite riding slowly, cyclists can be badly injured if they crash into a stationary object. They can either fall onto the ground or get tossed over a car door. If they react quickly enough, they could avoid the door. However, they risk getting into a road accident due to oncoming traffic. Dooring crashes can lead to:
- Severe brain injuries
- Facial injuries
- Spinal cord injuries
- Soft-tissue injuries
- Bone fractures
- Deep lacerations from hitting the window
- Abrasions and road rash
Why Fault in Car-Dooring Bicycle Accidents is Crucial
Dooring occurs when a driver or passenger suddenly opens their door, unaware of the pedestrians, vehicles, or bicyclists coming their way. If someone hits the open door, serious injuries or property damage can occur.
A person in a parked car must only open their door when it is appropriate and safe to do so. Individuals who do otherwise are careless and must provide compensation for the potential harm they may cause. By law, bicyclists need to ride near parked cars. This means a person inside a parked car who carelessly opens their door is usually responsible for the accident.
However, be warned that a bicyclist may also be held accountable for a dooring accident if no oncoming vehicles were present during the accident, as this removes the usual justification for cyclists to stay at the rightmost side of the road. In this case, the driver who opened the door can reason that the cyclist could have dodged it, making the cyclist somewhat liable for the accident.
Get Legal Guidance From Our Skilled South Carolina Bicycle Accident Lawyers Now
If you have been hurt in a car-dooring accident while riding your bicycle, reach out to the South Carolina bicycle accident lawyers at Oxner & Stacy Law Firm LLC. We will determine who’s liable for your injuries so we can seek the compensation you deserve to cover your losses. Contact us online or by phone at 843-527-8020 to arrange your free case evaluation with our South Carolina bicycle accident lawyers.