If you have been injured in a dooring accident in Texas, you have the right to pursue compensation from the at-fault party through an insurance claim or personal injury lawsuit. Because Texas follows a fault-based system, the person who carelessly opened their door can be held financially responsible for your medical bills, lost wages, and other damages. Make sure to speak with an experienced motorcycle accident lawyer in McAllen.
What Is a Dooring Accident and How Does It Happen?
A dooring accident occurs when someone opens a vehicle door directly into the path of an oncoming cyclist or motorcyclist. These collisions happen quickly and often without warning, leaving victims with little to no time to react or avoid impact. Broken bones, head injuries, and road rash are common, and in severe cases, victims may be thrown into moving traffic.
Most dooring accidents take place in urban areas where street parking is common. A driver or passenger finishes parking, reaches for the door handle, and swings it open without checking for approaching traffic. In that split second, a cyclist riding in a bike lane or along the roadside can collide with the door at full speed.
Who Is Liable for a Dooring Accident in Texas?
Texas operates under a fault-based insurance system, which means the person responsible for causing an accident is also responsible for covering the resulting damages. In a dooring accident, liability typically falls on the person who opened the door without checking for oncoming traffic.
Texas Transportation Code Section 545.418 states that a person may not open a vehicle door unless it is reasonably safe to do so and can be done without interfering with traffic. When someone violates this law and causes an accident, they can be held legally and financially responsible for your injuries.
How Do You Prove Liability After a Dooring Accident?
Proving liability requires solid evidence that shows the other party’s negligence directly caused your injuries. For example:
- Police reports documenting the accident provide an official record of what happened.
- Witness statements from bystanders can corroborate your account of the accident.
- Photos of the scene, including the position of the parked vehicle, the open door, and any damage to your bike or body, help establish the circumstances.
- Security camera footage, if available, can provide undeniable proof of how the accident unfolded.
What Compensation Can You Pursue After a Dooring Accident?
Texas law allows you to seek compensation for both economic and non-economic damages related to your dooring accident, such as:
- Medical Expenses: This includes emergency room visits, surgeries, hospital stays, physical therapy, medications, and any future medical care related to your injuries.
- Lost Wages: If your injuries prevent you from working, you can recover compensation for the income you have lost during your recovery period.
- Pain and Suffering: This category of compensation accounts for the physical pain, emotional suffering, and loss of quality of life associated with the accident.
- Property Damage: This includes repair or replacement costs for your bicycle, motorcycle, or personal belongings damaged in the accident.
A McAllen personal injury attorney can help you gather the evidence you need, negotiate with insurance companies on your behalf, and fight for the full compensation you deserve. If you have been injured in a dooring accident, do not hesitate to reach out to a legal professional who can guide you through the process and protect your rights.
