Maison Law Accident & Injury Lawyers of Modesto represent bicycle dooring accident victims in Modesto. If you or a loved one has been injured in a dooring accident in Modesto, our team of bicycle accident attorneys will help you get fully compensated for your damages. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation.
Do I Need a Lawyer for a Dooring Accident in Modesto?
Depending on the details of your accident, you may need an attorney. Legal representation is not necessary if you’ve only sustained minor injuries like bumps and bruises. However, you should always see a doctor after an accident to ensure you’re okay, no matter how minor your injuries seem. If you’ve suffered significant injuries that have:
- Caused you to miss work
- Require hospitalization, medical treatment, or surgery
- Left you unable to do basic tasks, or live your daily life without physical pain
An attorney can help you recover economic damages and non-economic damages. Together these include:
- Emergency room treatment
- Physical therapy
- In-home care
- Lost income
- Vehicle repair
- Loss of consortium
- Pain and suffering
- Future loss of earnings
- Loss of enjoyment of life
- Emotional pain
- Court costs and fees
Who is Liable for a Dooring Accident?
Liability for a dooring accident comes down to the driver or the person who opened the car door in the path of a cyclist. Oftentimes, the driver is the party with the duty of care because their door will typically be the one opening up into the street where cyclists could be riding. Duty of care isn’t just a suggestion for drivers, it is a law they must follow. According to Civil Code 1714, people are responsible for their actions and preventing their property from harming others. This duty of care also includes not dooring cyclists on the road.
Proving a driver caused a dooring accident requires clear evidence. An argument that a driver opened their door without exercising a duty of care may not be enough evidence. Solid evidence for a dooring case involves a police report, witness statements, photographs of the accident scene, and camera footage of the incident.
How Bicycle Dooring Accidents Cause Injuries
When a driver or passenger opens the door of a vehicle in the immediate path of an oncoming cyclist, it provides the opportunity for significant injuries to occur in several ways:
- The bicyclist collides directly with the door without being able to stop or redirect
- The impact catapults the cyclist over the handlebars, causing a horrific fall against the cement
- The bicyclist manages to swerve out of the way but rides out into open traffic, causing a horrific accident with multiple drivers
- The bicyclist loses control of their bike attempting to avoid the open door and skids across the pavement
What Factors Could Decrease My Bicycle Dooring Accident Settlement in California?
Understanding the factors that can potentially harm your case is essential to knowing the value of your lawsuit. While a highly experienced accident attorney will be able to highlight the reasons you deserve to be compensated, they will also work aggressively to protect you from the factors that could reduce your compensation. These factors include:
- Comparative negligence: if you are found partially at fault, your settlement can be reduced by your percentage of liability. This is made clear in California’s Comparative Negligence Law which states:
- “Under the pure comparative negligence rule, the state allows the plaintiff to claim damages for the 1% they are not at fault even when they are 99% at fault.”
- Pre-existing conditions: pre-existing medical conditions unrelated to the accident could complicate and potentially decrease the settlement.
- Lack of strong evidence: the inability to prove the liable party’s fault or carelessness in the accident can undermine your case and reduce your settlement.
- Delayed medical treatment: delays in seeking medical treatment after the accident may count against you as it implies your injuries were not that severe.
- Inconsistent statements: inconsistencies in your statement or re-telling of the incident can hurt your credibility and diminish settlement prospects.
What is the Typical Compensation for a Dooring Accident in Modesto?
When it comes to dooring accidents, no case is the same. So, it is difficult to determine what the typical compensation will be. However, there are three damages you can claim that will have a substantial impact on the amount of compensation you can expect to receive from your accident. They include:
- Economic damages: financial damages you incurred due to the accident.
- Medical bills
- Lost Wages
- Loss of future potential earnings
- Loss of property
- Cost of repairs
- Non-economic damages: these are subjective, non-compensatory damages.
- Pain and suffering
- Emotional distress
- Depression
- Anxiety
- Loss of consortium
- Punitive damages: these are damages awarded to serve as punishment to the at-fault party.
- Reckless behavior
- Actions performed out of spite
Contact a Bicycle Dooring Accident Lawyer in Modesto
If you or a loved one have suffered broken bones in a bicycle accident in Modesto, the bicycle accident attorneys of Modesto can get you the compensation you need to recover from your physical, mental, and financial damages. Our firm has years of experience in liability law and will aggressively pursue a successful outcome for your personal injury claim. Contact Maison Law Accident & Injury Lawyers of Modesto today for a free consultation and case evaluation. There is no charge for our services and you will not be charged a cent until we’ve won your case.