Motorists are often, but not always, legally responsible for bicycle dooring accidents. Determining liability for your bike accident claim will require a careful investigation into the bicycle accident and the facts surrounding it.
What Is a Dooring Accident?
One of the biggest risks that Denver bicyclists face is getting doored, which occurs when a motorist opens a door in the bicyclist’s path. The bicyclists could be hit directly by the door, or they could fall off their bikes or be struck by another vehicle when trying to take evasive action to avoid a dooring incident.
Injured bicyclists can suffer head injuries, spinal cord injuries, broken bones, or other serious injuries.
Colorado Motorists’ Duty to Carefully Open Their Doors
Most dooring accidents occur because motorists fail to check before opening their doors into the path of oncoming traffic. This is actually against the law. Colorado Revised Statute § 42-4-1207 states, “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.”
It also states that no one should leave a door open on the side where there can be moving traffic for a “period of time longer than necessary to load or unload passengers.” Not abiding by this law is considered a class B traffic infraction and can also make the motorist or passenger civilly liable for any resulting accident.
Additional Recovery Through the Bicyclists’ Insurance
An experienced bicycle accident attorney can explore whether additional financial compensation is available through the bicyclist’s own insurance. The uninsured or underinsured motorist coverage that is part of the bicyclist’s auto policy may provide additional resources to help after an accident.
Colorado Law on Comparative Negligence
It is possible in some cases for the bicyclist to share responsibility for the accident, such as if they were riding in an unsafe way, such as against traffic, between cars, or while ignoring traffic control devices.
If a bicyclist is found partially at fault for the accident, Colorado’s modified comparative negligence law applies. Under this law, if an accident victim contributed more than 50% to the accident, they cannot recover any damages. However, if their liability falls below this threshold, they can pursue compensation for their damages, but their damages are reduced by their degree of fault. Therefore, if the bicyclist is found 10% at fault, their damages are reduced by 10%.
An experienced personal injury lawyer will work to minimize the fault attributed to you to protect your financial recovery.
Contact Dulin McQuinn Young Today for a Free Case Evaluation
If you or a loved one was injured in a dooring accident in Colorado, you need an experienced legal team that will fight for the compensation you deserve. Our personal injury lawyers can investigate your case, determine who is responsible for your injuries, and fight relentlessly to protect your rights. Call us today to take advantage of a free consultation.