Knowing who is at fault when an open car door is hit can be tricky. Most of the time, the person who opened the car door into traffic is at fault since they are responsible for checking before opening their door. However, the moving driver could also be responsible in some cases.
When assigning liability in car door accidents, insurance companies don’t always see it as black and white. Contact a Lafayette car accident lawyer for a free legal consultation to protect your rights in an accident involving dooring.
What Does the Law Say About Open-Door Accidents?
According to Louisiana statute RS 32:283, opening a motor vehicle door on a highway is prohibited without adequately ensuring that the action does not disrupt traffic flow or put any individual or vehicle at risk.
The law also states that someone must close the door in a reasonable amount of time after opening it. If a negligent party opened their door disrupting traffic and did not close it promptly, they may owe you compensation.
What Is the Standard for Liability When an Open Car Door Is Hit?
Negligence is the legal standard that applies to many civil cases. Involved parties are generally negligent if:
- They owed you a duty of care.
- They violate that duty of care.
- Their breach of duty of care caused your accident.
- By causing your accident, they cause your injuries and losses.
Under Louisiana law, vehicle occupants have a duty of care to ensure safety before opening their doors into traffic. This means they must look for approaching vehicles, motorcycles, bicycles, and pedestrians and only open their doors when it’s safe.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientWhen Can the Moving Vehicle Owner Be at Fault if They Hit an Open Car Door?
If the driver was speeding through a parking area or residential zone where doors frequently open, they may share fault for not exercising reasonable caution in a high-risk area. Distracted driving can also make the moving vehicle’s driver liable.
The moving vehicle’s driver may also bear fault if they were driving too close to parked cars. Louisiana law requires drivers to maintain a safe distance from parked vehicles, giving them enough space to avoid collisions with opening doors.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientWhen Is the Parked Vehicle’s Occupant at Fault in an Open Car Door Accident?
Under Louisiana law, parked vehicle occupants must check their surroundings and wait until it’s clear before opening their door into traffic. Failing to look for approaching vehicles, cyclists, or pedestrians often makes them primarily liable for any resulting accidents.
Timing can also affect liability when opening a door. Even if an occupant checks before opening their door, they may be at fault if they open it abruptly or leave it open for an extended period in an active traffic lane.
The parked vehicle’s position can also influence liability. If the car is illegally parked or stopped in a way that forces its occupants to open doors into traffic lanes, this could increase their share of fault. Examples include parking far from the curb or stopping in a no-parking zone.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientHow Does Our Firm Determine Fault for an Open Door Accident?
Determining fault requires looking at how the accident occurred to see which side was more negligent. When you hire us, our team will investigate your accident to determine who was at fault. We may determine fault by:
- Speaking with witnesses
- Reviewing physical evidence
- Obtaining a police report
- Consulting experts
- Reviewing the law
Understanding fault is crucial because Louisiana follows a pure comparative negligence system. You can still sue even if you were partially at fault for the accident, though your percentage of fault may reduce your compensation.
Arguing over the fault percentage is one way a defendant’s insurer might try to minimize a plaintiff’s payout.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientWhat Options Do You Have for Seeking Compensation in These Accidents?
You generally have two options for seeking compensation when an open car door has been hit:
- Insurance claim: You can file a claim with the insurance company, either yours or the at-fault driver’s, to cover the damages resulting from the accident.
- Legal action: If your claim is denied or the compensation offered is insufficient, you can consider taking legal action by filing a lawsuit against the at-fault party to pursue compensation through the legal system.
We can determine which option makes the most sense for you. If securing a fair insurance settlement is impossible, our team could start legal action on your behalf.
What Losses Can You Receive Compensation For?
Insurance claims and lawsuits can produce different compensation types. 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 and other property damage
After a thorough case review, we will seek coverage for any recoverable damages available.
What Services Can Our Firm Provide?
An accident lawyer from our law firm can represent you after your accident. We initiate the process by gathering all pertinent facts about your case. This includes:
- Meeting with you to obtain your account of the accident
- Determining who is at fault
- Consulting with your doctors
- Arranging testimony from medical professionals and other relevant experts
- Requesting the official accident report from the local authorities
- Gathering physical evidence from the collision, such as photos or video evidence from traffic cameras
- Obtaining witness accounts
With the facts in hand, we will build a case to seek fair compensation.
We Calculate Your Losses
Once we categorize the damages you suffered, we can calculate the value of your open-car-door case. We will evaluate two general loss categories:
- Economic losses
- Non-economic losses
Economic losses have a measurable value and include expenses that can be directly calculated, such as medical bills and lost income. Our team will meticulously compile your present accident-related expenditures while forecasting future costs that may arise from severe injuries and the recovery process.
Conversely, non-economic losses encompass intangible elements, making assigning a monetary value more challenging. They include the significant effects on your overall quality of life, as well as the emotional and physical distress you’ve undergone, which often falls under pain and suffering.
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 in Your Case
We aim to ensure comprehensive coverage for your financial losses. We are committed to pursuing a settlement or verdict that aligns with this objective. We manage the following procedures as required:
- Negotiations with insurance companies for a settlement
- Discussions with legal representatives for a settlement
- Pursuing a trial, potentially leading to a court-issued award
Multiple potential paths to compensation exist, and we will remain open to each option. Ultimately, our team will follow the course that gives you the best chance of victory.
Call Laborde Earles Injury Lawyers for a Free Consultation
Laborde Earles is on your side after an open-door car accident. We have won over $1 billion for our clients and have helped many people learn who is at fault when their open car door is hit.
Contact our lawyers today for a free consultation. We require no upfront or out-of-pocket compensation and don’t get paid unless you win. Call now to learn who was at fault when your open car door was hit in an accident.
