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Bicycle Accidents: Who’s at Fault When You Get Doored?
What do bike crash attorneys in Los Angeles say about getting doored while riding?
One common question from bicyclists is that of liability in the event that the rider is doored. This is an accident that occurs when someone in a parked car opens their door into a lane where a bicyclist is riding and strikes the bicyclist, often causing serious injury.
Who’s at fault? Who is responsible for your compensation for damages and medical bills?
Legally speaking, when you open a car door from the inside, you have an affirmative duty to look over your shoulder, check for traffic, and make sure you can safely open the door.
If you fail to do that, you are technically at fault for violation of the California Vehicle Code. This would apply to a passenger or driver.
Both the operator and owner of the car can be liable. However, depending on the exact facts, the owner of the car’s liability may be limited.
Unfortunately, there’s no one-size-fits-all answer to the question of who is liable for fair compensation. Whoever swings the car door open is at fault, regardless of insurance or ownership. But from there, it gets tricky and must be handled by an expert.
With cabs, most are independently operated in LA, meaning drivers are independent contractors. Each case is unique, and the facts would need to be examined under a microscope. The same goes for Uber and Lyft and other taxi alternatives. These companies generally designate drivers as independent contractors. There are lawsuits already in effect over many things regarding these murky waters.
Depending on circumstances, both operator and owner COULD be at fault. But it’s complex and it’s fact-sensitive. This is exactly why you should call a bicycle accident lawyer right away.
And the end of the day, blame goes to whoever swung the door. It is their duty to check traffic before opening the door.
Money is available to pay for your damages and injuries. The Power Legal Group can help get you the compensation you are owed.
