Imagine this scenario: you’re parked on a busy street, about to step out of your vehicle, when suddenly a passing car strikes your open door. Your door now has a dent, and the other car is visibly damaged. In this situation, both parties are left wondering who is at fault when an open door is hit.
This common “dooring” scenario might seem straightforward; the driver hit your open door so they’re the at-fault party, right? Not necessarily. When assigning liability in open car door accidents, insurance companies don’t always see it as black and white.
Contact a Louisiana car accident attorney for a free legal consultation to protect your rights and to discuss your potential personal injury lawsuit or collision claim.
How Does Our Firm Determine Fault for an Open-Door Accident?
Determining fault requires looking at how the accident occurred, for example, if it was a hit and run or if applicable traffic laws were violated. With injuries, vehicle repairs, and insurance claims to consider, it’s important to understand dooring crashes.
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 will help us prove who is at fault for your open car door accident.
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What Does the Law Say About Open-Door Accidents?
According to Louisiana statute RS 32:283, it is prohibited to open a motor vehicle door on a highway 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 in a Dooring Accident?
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.
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.
What Options Do You Have for Seeking Compensation in an Open-Door Car Accident?
You generally have two options for seeking compensation:
- 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 the compensation through the legal system.
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 coverage 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.
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What Services Can Our Firm Provide?
An accident lawyer from our law firm can represent you in the wake of your accident. We initiate the process by gathering all pertinent facts about your case. This includes:
- Meeting with you and obtain your account of the accident.
- 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, including medical bills and lost income. Our team will meticulously compile your present accident-related expenditures while also forecasting future costs that may arise from severe injuries and the recovery process.
Conversely, non-economic losses encompass intangible elements making it more challenging to assign a monetary value to. 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
Our aim is 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
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.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
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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.
Contact our team at Laborde Earles Injury Lawyers today 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.
Get The HelpYou Need(337) 777-7777To Schedule a FREE CONSULTATION
24 hours a day • 7 days a week
