Motorcycle riders face countless roadway hazards, but one of the most unexpected and dangerous is driver dooring. In California, dooring accidents are more common than many people realize, especially in dense cities like Sacramento where curbside parking and heavy traffic are unavoidable. If you or a loved one have been involved in a dooring accident, understanding who is liable is crucial for injured riders seeking compensation.
What Is Driver Dooring?
Driver dooring or more often called “dooring”, occurs when a driver or passenger opens a vehicle door into the roadway without checking for oncoming motorcycles, bicycles, or other traffic. Unlike larger vehicles that may only suffer a dent or broken mirror, motorcyclists can be thrown from their bikes, suffer devastating injuries, or collide with nearby traffic. Even at low speeds, motorcyclists have little protection and often cannot avoid a suddenly opened door.
California Laws on Dooring
According to California Vehicle Code 22517, no person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so. This rule even applies to leaving a vehicle door open for a prolonged moment of time, especially if it interferes with traffic flow. Should a driver violate this rule, and someone becomes hurt as a result, they will be held liable for damages and be susceptible to a personal injury claim.
Who Is at Fault in a Motorcycle Dooring Accident?
Determining fault in a dooring accident often requires examining the behavior of both parties. In most cases, the person who opened the door improperly is primarily at fault, however, there are rare instances where other parties can be held liable for dooring accidents. For example, a passenger of a vehicle can be held liable for a dooring accident because the state law is not exclusive to the driver of the vehicle.
In some rare cases, the motorcyclist may share partial responsibility for the accident, because California uses a pure comparative negligence rule under California Civil Code 1714. However, just because a motorcyclist is partially liable, does not mean they are completely barred from recovering compensation, it just means they would receive less based on their percentage of fault.
How to Prove Liability in a Dooring Accident
Winning a dooring case usually requires strong evidence demonstrating that the driver or passenger failed to act safely. For example, any of the following evidence would be vital in proving a dooring accident:
Police reports
Helmet or dash-cam footage
Surveillance or business cameras nearby
Witness statements
Damage to the motorcycle and vehicle door
Photos of the scene
Parking records or citations
What to Do After a Motorcycle Dooring Accident in California
If you are involved in a dooring crash, take the following steps if possible:
Call 911 and report the accident.
Document the scene with photos or videos.
Get the driver or passenger’s information.
Collect witness statements.
Avoid arguing or admitting fault.
Seek medical attention immediately.
Contact a motorcycle accident lawyer as soon as possible.
Injured in a Motorcycle Dooring Accident? We’re Here to Help.
If you or a loved one was hurt in a motorcycle dooring accident, you may be eligible for compensation. At Frank Penney Injury Lawyers, our attorneys have extensive experience handling motorcycle injury claims throughout California and understand the unique challenges riders face. With over 25 years of experience handling personal injury cases, our attorneys will handle every aspect of your claim so you can focus on healing.
Call us today at 888-888-0566 or by filling out our online contact form for a free case consultation.