Door accidents, while mild in comparison to other road accidents, still cause serious injuries. There have also been documented cases of death from such incidents. With modern road designs typically putting bike lanes beside parking areas, door accidents often include parked cars and moving cyclists. However, there are instances wherein door accidents include two vehicles.
According to the New York Vehicle and Traffic Law § 1214, "No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so, and can be done without interfering with the movement of other traffic." While the primary liability in door accidents falls on the person opening the door, it does not mean that they’re always at fault.
The question “Who is at fault?” can only be answered through in-depth investigation. Once all available pieces of evidence (i.e. witness statements, recorded footage, police reports, etc.) are reviewed, only then can the at-fault party be determined. Fault is given to whoever failed to follow set New York traffic laws.
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Understanding Door Accident Liability
All road users – drivers, cyclists, or pedestrians – are subject to traffic laws. This means that everyone on the road must act responsibly to ensure the safety of others and themselves. Any negligence can lead to serious legal implications. Here are some instances where various parties can be held liable:
| Parked Cars (party opening the door) | A driver/passenger opens the car door to exit the vehicle without checking their side mirror or blind spot, causing a cyclist to crash into the door. |
| A driver/passenger unpromptly opens their door while parallel parking without looking for oncoming traffic, resulting in a collision with a passing vehicle. | |
| A driver/passenger opens the door in a bike lane without checking for cyclists, leading to a cyclist swerving and colliding with a pedestrian on the sidewalk. | |
| A driver/passenger leaves the car door open, obstructing incoming traffic and creating a traffic hazard. | |
| Cyclists | A cyclist is riding too close to parked cars and fails to anticipate a car door opening, resulting in a collision. |
| A cyclist is distracted by their phone or headphones and does not notice a car door opening in front of them, causing an accident. | |
| A cyclist is riding against traffic or on the sidewalk, increasing the risk of a dooring accident. | |
| Moving Vehicles | A driver is speeding and unable to stop in time when a car door suddenly opens, resulting in a collision with the door or the need to swerve and collide with another vehicle. |
| A driver is distracted by their phone and does not notice a car door opening, leading to a collision with the door or a cyclist swerving to avoid it. | |
| A driver is intoxicated, making it difficult for them to avoid an opened door and causing an accident. |
Because New York is a no-fault state, individual insurance providers typically shoulder any medical expenses/financial losses incurred from door accidents. However, understanding liability is important for individuals who are seriously injured – especially for cyclists who may not be covered by Personal Injury Protection (PIP). In New York, further legal actions may be taken by individuals suffering from serious injuries or extreme financial loss as a result of door accidents.
In such cases, having dashcam footage of the whole incident is crucial. This footage can be your most potent evidence and could swing any legal claims in your favor. It is also important to immediately contact expert car accident lawyers, who’ll help you retrieve other important pieces of evidence (CCTV footages, police reports, witness statements, etc.).
Accounting for Damages and Compensation
In a nutshell, additional compensation may be pursued by parties if their expenses exceed the coverage of their personal insurance – which is the case for people who are seriously injured. Lost income – due to extended absences or gained disability – should also be accounted for. According to the New York Insurance Law § 5102, serious injuries include:
- Death
- Dismemberment
- Significant disfigurement
- Fracture
- Loss of a fetus
- Permanent loss of use of a body organ or function
- Limited use of a body organ or member
- Non-permanent injuries that persist for more than 90 days
For Vehicle Owners
The state of New York requires certain insurance coverages before any vehicle registration is finalized. However, these insurances can only cover any potential physical injury or economic liability you may incur from a door accident.
You’d need to have collision coverage to be eligible for any compensation for your damaged car (from your insurance provider). The opposing party’s liability coverage can also cover your car’s damages if you can prove their negligence (from another’s insurance provider).
For Cyclists
An uninsured cyclist injured in a door accident may be eligible for PIP benefits under the car owner's insurance policy, regardless of who was at fault for the accident. However, despite a cyclist’s eligibility, compensation still depends on the assessment carried out by the car owner’s insurance provider.
On the other hand, if a cyclist has PIP coverage for a car that they own, this may extend to them when they are cycling – depending on the specific terms of their policy.
For Pedestrians
Much like cyclists, pedestrians may also be eligible for PIP benefits under the car owner’s insurance policy. They can also file a liability claim, should they incur any serious injury from the car-door-related accident.
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Average Compensation for Personal Injuries in New York
By the turn of the century, research on jury awarding found that the state of New York had the highest median compensation for personal injuries among all states in the U.S. While the national median at the time was $50,000, New York’s median compensation for personal injuries was $273,185.
Given that these figures came from over two decades ago, it is easy to assume that these are much higher today.
Speak to an Expert Car Accident Lawyer Today
While car door accidents are fairly mild relative to other car accidents, such instances still allow for really unfortunate outcomes. At the Porter Law Group, there is no case too small or too big. Our team of seasoned lawyers do their best to protect your (and your family’s) best interest. We operate on a contingency basis – meaning you don’t have to pay anything unless we win.
If you or a loved one is suffering due to a car-door-related accident, please contact us for a no-obligation, free case evaluation. You may also reach us at 833-PORTER9 or info@porterlawteam.com to schedule an appointment.
