The many motorcyclists who call Lexington home have a long list of hazards to watch out for while on the road. Many of those dangers involve careless drivers. If motorists would simply take a second look they’d probably spot motorcycles a lot more often and avoid a lot of accidents.
Dooring a True Danger for Riders
One of the common threats to riders is the act of “dooring.” Dooring occurs when someone in a parked or moving car swings open a door suddenly, not realizing (or checking) to see if there’s anyone beside the vehicle.
The motorcyclist could collide with the door. The rider could also, if there’s time, swerve to miss the door, but still end up losing control and wiping out. Or even worse, the motorcyclist may swerve to avoid the door and end up colliding with another vehicle passing by.
Protect Yourself In An Accident
With little protection, a rider’s body can quickly be exposed to several impacts. What seems like a slight miscalculation by a driver or passenger, can leave motorcyclists badly injured in an accident that wasn’t their fault. In these cases, the victim will want to make sure an at-fault driver is held accountable for the expensive recovery that follows. The victim will need to prove that driver was negligent. Getting help from an attorney like those who work at Kaufman & Stigger, PLLC, can be the best decision.
Elevated Risks For Dooring
Dooring incidents usually leave the rider with little time to react. The door often opens just as a motorcycle is alongside. Some of the factors that contribute to dooring risk:
- Speed: The speed of the motorcycle plays a big part in whether the opening of the door will cause a collision.
- Stopped Traffic: Motorists rarely open their doors when their vehicle is moving, but when it’s stopped, the likelihood of opening the door increases.
- Distracted driving: A driver can be dealing with other passengers in the car or just checking a phone as they exit a vehicle.
- Intentional: In some documented cases, a frustrated driver has purposefully opened their door in the path of a motorcycle.
Proving Negligence in Dooring Accidents
Riders involved in motorcycle wrecks sometimes have difficulty in proving negligence. As attorneys who represent motorcycle accidents in Kentucky, we have seen many insurance agents attempt to blame the motorcyclist for their collision.
The most important thing you can do is start collecting evidence as soon as possible. Important information can include:
- The police investigation report.
- Paramedic records.
- Occurrence and post-occurrence witness statements.
- Traffic court dispositions.
- Photographs of the location and vehicles involved in the crash.
- Any traffic camera or security camera footage that might show the crash.
What if I was Partially at fault?
You might feel you were partially at fault in an accident, but that doesn’t mean you shouldn’t file a claim. Kentucky is a comparative negligence state. The legal concept means that parties involved in an accident can be assigned percentages of the blame.
You may have been speeding but that may just get you 50% of the blame. Another driver may also be held responsible for 50% of the damages. They’d have to pay you for that portion of the accident.
Even if you weren’t wearing a helmet in an accident, as long as another driver was at least partially negligent you can make a claim.
Compensation in a Dooring Accident
Recovery from a motorcycle accident can be expensive and emotionally challenging. Victims shouldn’t have to bear that burden alone in the aftermath of an accident.
Damages that a motorcycle accident victim and the victim’s family are entitled to recover from an at-fault driver may include:
- Hospital and medical expenses.
- Past and future lost earnings.
- Past and future permanent physical disability such as a limp, scars, loss of a limb.
- Emotional distress, such as depression and anxiety; the trauma of not being able to get back on your motorcycle.
- Damage or destruction of property.
- Physical pain and suffering
- Loss of enjoyment of life.
Contact a Lexington Motorcycle Accident Lawyer
Accident victims often wonder if they need an attorney, and the answer is almost always yes. If you’ve been the victim in a dooring accident you can prove the other driver was responsible with the help of an attorney on your side. The insurance company agents have years of experience and are good at their job which is to pay you as little as possible or nothing at all. You need someone just as experienced to help you level the field.
Talk to a Lexington Motorcycle Accident Attorney you can trust to be on your side and get you what is yours under the law. The attorneys at Kaufman & Stigger, PLLC, have that knowledge and a combined 100 years’ experience in helping clients get the results they deserve. To discuss your case, contact Kaufman & Stigger, PLLC today, by clicking here to contact them online.
