The snap of a car door swinging open is a sound no motorcyclist ever wants to hear. One moment you're riding, and the next you're on the pavement, facing injuries and a wrecked bike. If you were doored by a car, you often have the right to sue the person who opened their car door into your path.
A motorcycle accident lawyer helps you recover compensation for injuries and losses after a motorcycle dooring accident.
Schedule A Free Case Consultation
Who Is at Fault When a Car Door Hits a Motorcycle?
In most motorcycle dooring accidents, the law places responsibility on the person in the parked vehicle. Drivers and passengers have a duty to check for oncoming traffic, including motorcycles, before they open their doors. Failing to look is a form of negligence.
An open door can appear in a rider's path without warning, giving you little time to react to avoid a crash. That's why the person swinging the door open is typically held liable for the accident they cause.
Their carelessness is the direct cause of the accident. Proving this fact is the foundation of your dooring injury claim. Your case centers on their failure to act with reasonable care.
When a Motorcyclist May Share Fault
Insurance companies sometimes try to shift the blame onto the motorcyclist. They might argue you were speeding, riding recklessly, or lane splitting illegally. In some states, if you’re found partially at fault, it may affect the amount of compensation you receive.
Even in these situations, the person who opened the door still holds a large portion of the blame. An argument about shared fault doesn't erase your right to pursue a claim. It just makes the process more complex, which is a key reason to have strong legal guidance on your side.
A personal injury lawyer can push back on unfair accusations of blame and protect your case.
The Real Cost of a Motorcycle Dooring Accident
A motorcycle dooring accident creates more than just medical bills and a damaged motorcycle. Your total losses are often far greater than you first realize. A successful claim needs to account for every single loss you suffer because of the other person's negligence.
These losses (damages) are separated into different categories: Economic damages are direct financial costs, and non-economic damages, which cover the personal, human cost of your injuries.
Covering Your Medical Treatment and Recovery
Your health is the top priority. Compensation from a motorcycle dooring lawsuit covers all medical expenses related to the accident. This includes everything from the ambulance ride and emergency room visit to ongoing physical therapy and future surgeries.
You shouldn't pay out-of-pocket for someone else's mistake. Your lawyer can demand that the at-fault party's insurance covers the full scope of your medical care, including costs like prescription medications or necessary medical equipment.
Compensation for a Damaged Bike and Gear
Your motorcycle is more than a vehicle; it's a valuable and often customized possession. After a dooring crash, your bike may have extensive damage or be a total loss. Your attorney seeks the funds to repair your motorcycle or to replace it at its fair market value.
This also applies to your other property. Damaged riding gear is also part of your claim. This includes:
- Your Helmet: A helmet is a one-time-use item, and any impact means it needs replacement.
- Your Riding Jacket and Pants: Protective gear is expensive, and compensation covers its replacement.
- Your Boots, Gloves, and Other Equipment: Every piece of damaged gear adds to the value of your property loss claim. Cellphones and other personal items are included.
Accounting for Lost Wages and Future Earnings
Serious injuries from a motorcycle dooring incident often mean you miss time from work. The wages you lose during your recovery period are a key part of your compensation, so document your lost income with pay stubs and employment records.
If your injuries are severe enough to affect your ability to work long-term, your claim also accounts for this future loss. A catastrophic injury might prevent you from returning to your old job or limit your earning capacity.
Valuing Your Pain and Suffering
Some of the worst harms from a motorcycle dooring accident aren't easy to price. Pain, emotional distress, and the loss of enjoyment of life are very real. These non-economic damages are a major component of your motorcycle injury claim. Lawyers are experienced with valuing non-economic damages fairly.
No amount of compensation erases the trauma of a crash. It does, however, provide a sense of justice. It holds the negligent person accountable for the physical pain and emotional anguish they inflicted on you.
Challenges You Face With a Motorcycle Dooring Claim
Getting fair compensation isn’t always a simple process, especially by yourself. The person who caused the accident might deny responsibility. Their insurance company's goal is to protect its own profits, not to pay you fairly for your losses.
Personal injury lawyers are prepared to face these obstacles and can stay one step ahead. A strong claim is built to overcome these common tactics.
Uncooperative Drivers and Passengers
The driver or passenger who opened their door might change their story. They might claim they looked, that you came out of nowhere, or that you were riding in a dangerous manner. Their attempt to avoid blame puts your claim at risk if you don't have solid evidence to counter their words.
Gathering your own evidence from the scene is a powerful countermeasure. Photos, witness information, and a police report all help establish the truth. Your lawyer conducts their own investigation to support your evidence. A clear record of events shuts down false accusations.
Insurance Company Strategies
Insurance adjusters work for the insurance company, not for you. Their job is to settle claims for the lowest amount possible. They use several strategies to achieve this.
Adjusters may contact you right after the accident with a quick, low settlement offer. They hope you accept it before you know the true extent of your injuries and losses. They also may try to get you to give a recorded statement where they ask questions designed to hurt your claim.
The Difficulty of Proving Your Full Losses
Without help, it's hard to calculate the total value of your claim. You might know your current medical bills and the cost to fix your bike, but what about future medical needs? How do you put a number on your pain and suffering?
Insurance companies will dispute the value you place on non-economic damages. They challenge the severity of your injuries and the accident's impact on your life. Your attorney presents a detailed and well-supported demand to fight back.
How a Lawyer Helps if You Were Doored By a Car While Riding Your Motorcycle
A lawyer protects your rights and manages the entire legal process for you. They level the playing field between you and the large insurance corporations. Their involvement sends a clear message that you're serious about getting full and fair compensation.
From the moment you hire them, your attorney takes over the fight. This allows you to focus on your physical recovery. They handle the details so you have peace of mind.
Investigating Your Motorcycle Dooring Accident
Your legal team launches a full investigation into the crash. They collect and analyze evidence to build the strongest possible case for you. This work establishes who was at fault and demonstrates the extent of your losses. A thorough investigation includes:
- Gathering Evidence: Your attorney obtains the police report, tracks down witnesses, and gathers photos and videos from the scene.
- Consulting Experts: In complex cases, they may hire accident reconstructionists to show exactly how the dooring happened.
- Documenting Your Injuries: They collect all your medical records to create a complete picture of your physical harm.
Calculating the Full Value of Your Claim
An experienced lawyer knows how to value a personal injury claim correctly. They don't just add up your current bills. They look at the big picture to determine what your case is truly worth, including future medical expenses and long-term lost income.
Attorneys have experience placing a fair value on your pain and suffering based on your specific injuries. This detailed calculation is the basis for the compensation demand they send to the insurance company.
Handling All Communication With Insurance Companies
Once you have a lawyer, all communication with the insurance company goes through them. You don't have to talk to an adjuster again. This protects you from their tactics.
Your attorney also handles all negotiations. They reject lowball offers and fight for a settlement that covers all your damages. Their experience in dealing with adjusters gives you a significant advantage.
Filing a Lawsuit and Fighting for You in Court
Most motorcycle dooring accident claims settle out of court. However, if the insurance company refuses to make a fair offer, your lawyer can file a lawsuit and take your case to trial. Having a trial-ready lawyer on your side often motivates the insurance company to settle fairly.
Your lawyer manages all legal deadlines and represents you at every stage of the court process.
FAQ for Can I Sue if I Was Doored by a Car While Riding My Motorcycle?
What Evidence Helps My Motorcycle Dooring Case?
Physical evidence and documentation are powerful tools in your claim. The most helpful items include the official police report, photos and videos of the accident scene showing the car's position and your bike's damage, and contact information for any witnesses.
Your lawyer will likely obtain traffic camera footage as well. Keep all medical records, bills, and receipts for any accident-related expenses.
What if the Person Who Doored Me Was a Passenger?
It doesn't matter if it was the driver or a passenger who opened the door. The claim is typically filed against the driver's auto insurance policy. The driver is generally responsible for the actions of their passengers, so their insurance covers your injuries and damages from the dooring accident.
How Long Do I Have To File a Claim After a Motorcycle Dooring Accident?
Every state has a time limit, known as the statute of limitations, for filing a personal injury lawsuit. This deadline varies by state, but it is usually two or three years from the date of the accident.
For example, Massachusetts generally allows three years to file a claim, while Pennsylvania and Florida allow two years. If you miss this deadline, you lose your right to sue. Contact a lawyer promptly to learn about the statute of limitations and protect your claim.
What if I Wasn't Wearing a Helmet During the Accident?
Helmet laws vary by state. Even if your state requires helmets and you weren’t wearing one, you still may have a valid claim.
The defense may argue that your failure to wear a helmet contributed to your head injuries, which might reduce your compensation for that specific injury. It doesn’t prevent you from recovering damages for your other injuries.
What Information Do I Need To Sue if I Was Doored by a Car While Riding My Motorcycle?
To begin the process, you need the basic facts of the accident, including the date, time, and location of the incident, as well as the name and insurance information of the car driver who doored you.
Provide your personal injury lawyer with photos, witness details, and the police report number to start building your case.
Reclaim Your Ride
A dooring accident is a violent and unjust interruption to your journey. Now is the time to take action and hold the responsible party accountable. Having a dedicated advocate in your corner makes all the difference.
The Oakes Firm is here to lift the burden from your shoulders so you can focus on healing while we handle the fight for justice. For a free consultation about your case in Philadelphia, Miami, or Boston, call the Oakes Firm at (267) 310-0656 today.