With bicycles becoming one of the most common means of transportation in Nevada, the number of bicycle accidents is also rising. Many reasons contribute to this increased risk, although it can be controlled if cyclists and other vehicle drivers remain vigilant and follow the rules. One of the most frequent bicycle accidents we witness every day is when a car owner unexpectedly opens a door on a cyclist without realizing the high risks of injuries it involves. Nevada laws allow bicyclists to file a personal injury claim against the car owner for their damages.
Here’s an explanation of what to do when a car owner opens a door on a cyclist and why you must seek help from a personal injury attorney to get the compensation you deserve.
How to Avoid a Cyclist Against a Car Door Accident?
If the cyclist is approaching at high speed, they can sustain serious injuries upon colliding with an open door. In the worst case, the cyclist could swerve onto the road to dodge the door and get hit by another vehicle.
These accidents where a car owner suddenly opens a door without realizing an approaching cyclist, which results in the cyclist against the car door collision, are easily avoidable. Not only greater caution on the part of drivers and vehicle occupants is required, but cyclists must also follow preventive driving, anticipating the movements of others if possible.
First, the car owners, when leaving their vehicle, must always do so on the side closest to the sidewalk, trying to avoid the side to the road where other drivers circulate.
In the case of having to leave on the side close to the road, the car owner must ensure that no vehicle is approaching at that moment and that they must leave the vehicle in sufficient safety conditions, for example, previously using the rear-view mirrors, or by slightly opening the door and carefully looking behind.
At the same time, cyclists must maintain a reasonable distance from the parked cars so that if a door opens suddenly, they can react and dodge it in time.
Who is Liable in a Cyclist Collision Against a Car Door?
The liability falls on the car owner in a bicycle accident where a cyclist collides with a suddenly opened car door. The vehicle will be at fault, and the cyclist will be entitled to compensation for the damages. The car owner’s insurance will pay for the damage you incurred through Compulsory Civil Liability coverage.
It is quite common that in this type of accident, discrepancies arise between the parties, to the point that it is impossible to make an amicable report. In this case, it will be necessary to call the authorities – the Police – so that they carry out a report, reconstructing the facts according to the version of both parties and that of the witnesses who may have been present.
The best is to talk to a personal injury attorney experienced in dealing with bicycle accident cases.
What if the Car Door was Already Open?
Imagine that while riding your bicycle, you hit a car door that had already been open for a while.
Presumably, in this case, you should have noticed that the door was open, paying attention to traffic circumstances while riding, and therefore, should have taken the necessary measures to avoid the accident.
If the door was already open and you collided with it, it would be your fault, and you would not be able to claim compensation. In such a case, the bicyclist will also have to take charge of the damage caused to the car. If you have bicycle insurance, although not very common, things will be easier.
If the report is filled out incorrectly, the driver who is not guilty may end up being at fault. If the car driver makes the mistake of filling, “I was leaving a parking lot/opening a door,” they would appear guilty instead of you.
Talk to a Nevada Personal Injury Attorney Today!
If a car owner in Nevada has doored you, talk to an experienced personal injury attorney today to get compensation for your injuries. Contact The Bourassa Law Group, a leading Nevada personal injury law firm with years of experience in dealing with personal injury cases of all types.
The attorneys at The Bourassa Law Group have settled countless personal injury cases and are well-versed in Nevada laws to better deal with any type of accident. They will fight for your case and ensure you get the right compensation.
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