Yes, you may be able to sue if a car door hits you while biking in Wisconsin. This type of crash is often called a dooring accident. It happens when a driver or passenger opens a car door into the path of a bicyclist. These accidents can cause serious injuries because a cyclist has very little time to react and very little protection in the crash.
At Pemberton Personal Injury Law Firm, we help injured cyclists across Wisconsin understand their rights after serious bicycle accidents. If a careless driver or passenger opened a door into your path, you may have the right to seek compensation for your injuries and losses. We carry the burden so our clients can focus on healing.
What Is a Dooring Accident?
A dooring accident happens when someone opens a vehicle door into moving traffic, and a bicyclist hits the door or is forced to crash trying to avoid it.
Wisconsin law requires a person to use due care before opening a vehicle door to make sure it does not interfere with traffic or endanger others. That rule can apply in bicycle dooring cases.
Who Is Usually at Fault in a Dooring Accident?
In many cases, the person who opened the door is at fault.
That may include:
- The driver
- A passenger
- In some cases, another party whose conduct contributed to the accident
The key question is whether the person opening the door failed to use reasonable care before opening it into traffic.
Can More Than One Party Be Responsible?
Sometimes, yes. Depending on the facts, a claim may involve:
- The person who opened the door
- The driver of the vehicle
- An employer, if the person was working at the time
- Possibly another party with applicable insurance coverage
For example, if a person opened the door while working or during a job-related trip, there may be more than one source of liability or insurance coverage to review.
What If the Insurance Company Says the Cyclist Was Partly at Fault?
That can happen in dooring cases, especially if an insurer argues the cyclist was riding too close to parked cars or not paying attention.
Wisconsin follows modified comparative negligence. That means you may still recover damages as long as your negligence was not greater than the negligence of the person you are claiming against. Any recovery may be reduced by your percentage of fault. That is one reason evidence matters so much after a bicycle accident.
What Compensation May Be Available After a Dooring Accident?
According to the CDC’s bicycle safety data, there are an estimated 120,000 emergency department visits annually for cyclists injured in non-fatal crashes involving motor vehicles. The physical, financial, and emotional toll on injured riders can be significant, and cyclists are allowed to seek compensation for a wide range of losses.
A bicycle dooring accident claim may include compensation for:
- Medical bills
- Future medical treatment
- Lost wages
- Reduced earning ability
- Pain and suffering
- Emotional distress
- Damage to your bicycle
- Damage to gear or other personal property
If the injuries are serious, the value of the claim may be much higher than the initial medical bills alone.
What To Do After a Car Door Hits You While Biking
The steps you take after a dooring accident can help protect both your health and your legal claim.
Call the Police
If possible, call law enforcement and make sure a report is made. A police report can be important later when dealing with insurance companies.
Get Medical Care
Even if you think you are only shaken up, get checked by a medical professional. Some injuries, including head injuries and internal injuries, may not be obvious right away.
Take Photos and Gather Information
If you can, take pictures of:
- The car door
- The vehicle
- Your bike
- Your injuries
- The scene
- Nearby traffic signs or lane markings
Also get the name and contact information of the driver, the person who opened the door, and any witnesses.
Be Careful With Insurance Companies
Do not assume the insurance company is on your side. Be careful about recorded statements or quick settlement offers before you know how badly you are hurt.
Talk to a Wisconsin Bicycle Accident Lawyer
A lawyer can help preserve evidence, identify all possible insurance coverage, and deal with the insurance companies for you.
Why These Cases Can Be More Complicated Than They Look
At first glance, a dooring accident may seem simple. But these cases can quickly become disputed.
The insurance company may argue about:
- Who opened the door
- Whether the cyclist could have avoided the crash
- How serious the injuries are
- How much the claim is worth
That is why it is important to treat a dooring accident like any other serious bicycle accident and start building the case early.
Why Choose Pemberton Personal Injury Law Firm?
At Pemberton Personal Injury Law Firm, we take a straightforward approach. We investigate what happened, gather the evidence, explain your options clearly, and prepare every case as if it is going to trial.
That matters because insurance companies know which firms are ready to fight. We do not get paid unless you do.
Talk to a Wisconsin Bicycle Accident Lawyer Today
If a car door hit you while you were biking, you may have the right to recover compensation.
Pemberton Personal Injury Law Firm helps injured cyclists across Wisconsin stand up to insurance companies after serious bicycle accidents. Contact us today for a free case evaluation.
