Who is at fault when an open car door is hit can depend on:
- Where the accident happens
- The specific circumstances under which the collision occurs
The person who opens the car door is generally at fault. However, there may be exceptions where the driver who hits the open door is at fault.
How Does Our Firm Determine Fault for an Open-Door Accident?
When you hire us, our team will investigate your accident to determine liability. We may determine fault by:
- Speaking with witnesses
- Reviewing physical evidence
- Obtaining a police report
- Consulting experts
- Reviewing the law
These resources could show and help us prove who is at fault for your accident.
What Does the Law Say About Open-Door Accidents?
Louisiana law RS 32:283 states that:
“No person shall open any door of a motor vehicle located on a highway without first taking due precaution to ensure that his act shall not interfere with the movement of traffic or endanger any other person or vehicle.”
The law also states that someone must close the door in a reasonable amount of time after opening it. If someone opened their door at an inappropriate time or did not close it promptly, causing a road hazard, they may owe you compensation.
What is the Standard for Liability?
Negligence determines who is at fault when an open car door is hit. This is the legal standard that applies to many civil cases. Someone is generally negligent if:
- They owed you a duty of care.
- They violate that duty of care.
- Their breach of duty of care causes your accident.
- By causing your accident, they cause your injuries and losses.
For example, motorists have a duty of care to other road users. Per the American Bar Association (ABA), someone breaches their duty of care if they do not act as a “reasonable” person would. As such, if someone opened their car door under dangerous circumstances, they may have breached their duty of care to you.
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What Options do You Have for Seeking Compensation?
You may generally have two options for seeking compensation:
- A lawsuit
- An insurance claim
We can determine which option makes the most sense for you. If securing a fair insurance settlement is not possible, our team could initiate a lawsuit instead.
What Losses Can You Receive Coverage for?
Insurance claims and lawsuits can produce different types of coverage. As your legal team, we will seek awards for all of your losses, which may include:
- Lost income
- Loss of earning power
- Medical expenses
- Psychological counseling
- Pain and suffering
- Medication costs
- Temporary transportation
- Vehicle repairs
After a thorough review of your case, we will seek coverage for any recoverable damages that you have.
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What Services Can Our Firm Provide?
An attorney from our firm can represent you in the wake of your accident. We begin by gathering facts about your case. Our team can:
- Meet with you and obtain your account of the accident
- Consult with any doctor you have already seen
- Arrange testimony from medical professionals and other relevant experts
- Gather physical evidence from the collision
- Obtain witness accounts
With facts in hand, we will build a case to seek compensation.
We Calculate Your Losses
Identifying your losses is an initial step. Once we categorize the damages you suffered, we can calculate the value of your case. We evaluate two general categories of losses:
- Economic losses
- Non-economic losses
Economic losses generally have a straightforward value, like medical costs and lost income. We will add up your current accident-related expenses and project future costs.
Non-economic losses have a less obvious value, such as loss of quality of life and pain and suffering. We understand how to calculate these losses, as well. Our knowledge of accepted legal practices is one reason to hire us for your case.
We Handle Day-to-Day Case Responsibilities
Insurance claims and lawsuits require much due diligence – our team will deal with the details of your case. We do so by:
- Communicating with insurance companies and other lawyers
- Drafting legal paperwork
- Filing your claim or lawsuit
- Gathering evidence
- Creating and executing your case strategy
These duties take time and effort. Rather than risking further stress and injury, we want you to focus on recovering from the accident while we handle your legal burden.
We Seek a Positive Outcome to Your Case
Our goal is to secure coverage for all of your financial losses. We will fight for a settlement or judgment that accomplishes that goal. We handle the following processes as necessary:
- Settlement talks with an insurance company
- Settlement talks with an attorney
- A trial, after which you may receive a court award
There are multiple potential paths to compensation, and we will remain open to each option. Ultimately, our team will follow the course that we think gives you the best chance of victory.
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Call Laborde Earles Injury Lawyers for a Free Consultation
Laborde Earles Injury Lawyers is on your side after an open-door car accident. We have won more than $200 million for our clients. We are prepared to seek compensation for you or a loved one.
Call our team at Laborde Earles Injury Lawyers today at (337) 777-7777 for a free consultation. We require no upfront or out-of-pocket compensation, and we don’t get paid unless you win. Do not wait to call, as there is a deadline for filing personal injury and wrongful death lawsuits in Louisiana.
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