There are, unfortunately, many different types of bicycle accidents you or a loved one could be involved in while riding in San Francisco. However, there are some types that are more common than others–especially in certain areas of the city. One of these is a dooring accident, where an open car door either causes a collision or sends you careening into moving traffic.
Get Answers From San Francisco Bicycle Accident Lawyers
If you’re involved in a San Francisco bicycle accident, you’re probably searching for answers. Part of the recovery process is going to involve potentially taking legal action, and in order to do that effectively, it’s important to work with an experienced team.
At The Law Offices of Matthew J. Quinlan, our team of San Francisco bicycle accident lawyers will be there to help you navigate this challenging situation. From providing support to answering any legal questions you may have, we can make the process much easier. Contact us today for a free consultation to learn more.
How Do Bicycle Dooring Accidents Happen in San Francisco?
As the name suggests, a “dooring” accident happens when a car’s door is opened into the path of a bicyclist. Sometimes, the bicyclist tries to avoid the open door and can crash into other vehicles or parked cars. In such cases, the person who opened the door can be held legally responsible for injuries caused by their carelessness.
California law deals with these situations in Section 22517 of the California Vehicle Code. This law says that drivers shouldn’t open their doors into moving traffic unless:
- It can be done safely.
- It does not disrupt the flow of traffic.
Furthermore, the law specifies that drivers can only open a door on the side facing moving traffic for the time required to load or unload passengers.
While the definition is pretty straightforward, these accidents happen for a number of different reasons in San Francisco:
- Lack of awareness – The most common scenario involves a driver or passenger exiting their parked vehicle without being aware of approaching bicyclists. They may not check their side mirror or look over their shoulder before opening the door.
- Bike lane incursions – In areas with designated bike lanes, dooring accidents can happen when a parked car’s occupant opens the door into the bike lane, directly in the path of an oncoming cyclist.
- Sudden door opening – Sometimes, the car door is opened suddenly and forcefully, giving the cyclist little time to react or swerve to avoid a collision.
- Evasive action – In an attempt to avoid the open door, a bicyclist might swerve into the adjacent lane, leading to collisions with moving vehicles or parked cars.
- Narrow streets – San Francisco’s narrow streets and limited parking spaces can make it challenging for cyclists to navigate safely between parked cars and moving traffic, increasing the risk of dooring accidents.
- Distractions or rushing – Drivers or passengers may be distracted by their phones or in a hurry, leading them to neglect proper precautions when exiting the vehicle.
Common Dooring Accident Injuries
As with any bicycle accident, a dooring incident can lead to extensive injuries. While they may vary depending on the circumstances, some of the most common injuries in a San Francisco dooring accident include:
- Cuts and bruises
- Broken bones or fractures
- Head injuries or Traumatic Brain Injuries (TBIs)
- Spine or neck injuries
- Back injuries
- Muscle sprains or ligament tears
- Internal injuries
- Disfigurement or scarring
- Emotional or psychological trauma
- Fatal injuries, in severe cases
Adding to the issue is the fact that San Francisco ranks among the most crowded and congested regions in the nation, both for automobiles and pedestrians. This high level of congestion significantly increases the likelihood of dooring accidents, as bicyclists frequently need to navigate past parked cars on bustling city streets. Thus, if you’re riding your bicycle and are involved in a dooring accident, you’ll need to know what to do next.
What Should You Do After a San Francisco Bicycle Dooring Accident?
If you find yourself in a dooring accident in San Francisco, taking specific steps afterward can significantly support your injury claim. Still, in the immediate aftermath of a dooring accident, you should prioritize your safety and check for injuries if possible. Then, consider doing the following to strengthen your claim:
- Calling police – Report the accident to the local police or law enforcement agency. They will create an official accident report, which can be valuable for your insurance claim and any potential legal actions.
- Gathering information – Exchange contact and insurance information with the driver involved in the accident. Collect names, phone numbers, addresses, and insurance details. Also, make sure to get contact information from any witnesses.
- Documenting the scene – Take photos or videos of the accident scene, including the position of the vehicles, the open car door, any damage to your bicycle, and any visible injuries you sustained.
- Medical care – Even if your injuries appear minor, it’s crucial to see a healthcare professional promptly. Some injuries may worsen over time, and a medical record can be essential for your injury claim.
- Preserve evidence – Keep your bicycle in the same condition as after the accident. Don’t repair or dispose of it, as it may serve as evidence in your case.
- Notify insurance – Report the accident to your own insurance company, even if the at-fault party’s insurance should cover your damages. Be cautious when speaking with insurance adjusters, and consider consulting with an attorney before providing a statement.
- Document injuries – Keep a record of your injuries, medical treatment, and related expenses. This documentation can be crucial in determining the extent of your damages.
Remember that the steps you take immediately after a dooring accident can significantly impact your ability to seek compensation for your injuries and losses. But even more important is to have a full understanding of what your legal options are.
Do I Need a Lawyer To Pursue My Legal Options After a San Francisco Bicycle Dooring Accident?
The short answer here is no. There is no legal mandate that says you have to hire a lawyer to represent you in an injury claim after a San Francisco bicycle dooring accident. Still, every dooring accident is unique, and several factors influence the value of your claim. To determine the worth of your dooring accident claim, consider the following:
- Extent of injuries – Dooring accidents can result in a wide range of injuries, some more severe than others. More severe injuries generally lead to higher claim values. If the accident causes permanent injury or death, the compensation could be even greater.
- Liability – Establishing fault is essential for any claim. In dooring accidents, negligence typically rests with the person who opened the car door recklessly.
- Comparative negligence – California’s “comparative negligence” laws apply in dooring accidents, reducing damages based on your percentage of fault. Following traffic laws while biking helps minimize your percentage of fault and ensures maximum compensation.
Determining the value of your claim is just one aspect. Dealing with insurance companies and their strategies to diminish claims is another challenge. It’s here that working with our team of experienced San Francisco bicycle accident lawyers can make the process much easier on you–especially as you try to recover from your injuries.
Legal Process and Damages
A dooring accident injury claim typically proceeds in two ways: an insurance claim or personal injury lawsuit. Both ways allow you to pursue “damages” from the person responsible for causing the dooring accident that injured you. Common recoverable damages in a San Francisco bicycle dooring accident claim include:
- Medical treatment costs
- Physical therapy expenses
- Lost income or future earning potential
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life or companionship
- Punitive damages, in certain cases
Legal Support After a San Francisco Bicycle Dooring Accident
Going through the legal process after a dooring accident can be overwhelming, particularly if your injuries are severe. Working with our experienced San Francisco bicycle accident lawyers is, again, not required.
However, with free consultations and a contingency-fee agreement where you don’t pay anything up front, our team at MJQ Law can help you fully pursue your legal rights. We’ll gather records and ensure all your damages are considered in your claim, providing you with the support needed during this challenging time. Contact us today to set up your free consultation.