Who Is Liable in a Bicycle Dooring Accident in Chicago?

Liability for bicycle dooring accidents in Chicago typically falls on the person who opened the car door. Dooring accidents occur when an occupant of a vehicle suddenly opens a door into a cyclist’s path, causing the cyclist to collide with the door or avoid it by swerving into traffic, risking being struck by a moving car or truck. These accidents can cause severe injuries and even death.

If you suffered injuries in a dooring accident in Chicago, the bicycle accident lawyers at DePaolo Zadeikis & Pino, LLC, can assist you in getting compensation. Contact us by calling 312-263-7560 to schedule a free consultation.

Understanding Illinois Dooring Laws

Chicago is known to have dangerous roads for cyclists and averages around five cycling fatalities annually. Both Illinois laws and local ordinances address dooring to protect cyclists. The law clearly stipulates that car occupants must exercise caution to prevent dooring accidents.

Illinois law requires drivers and passengers not to open a door on the side of moving traffic unless that can be done safely and without interfering with cyclists and other road users. Additionally, a door shouldn’t be left open for a longer period than necessary for loading or unloading passengers. Chicago has ordinances that are identical to the state law. The Chicago Municipal Code also provides for fines of up to $1,000 for any person who “doors” a cyclist.

Who Can Be Held Liable in a Dooring Accident?

The person who opens a door without checking for cyclists violates state and city law, and they are considered to have acted negligently. In most cases, the person who opened the vehicle door is liable. That could be a driver or passenger. Vehicle owners and employers can also be held liable. For example, if a child opens a door unsafely and causes an accident, the vehicle owner could be liable. In commercial vehicle cases, an employer could be held liable.

Filing a personal injury claim through the appropriate insurance company allows you to hold the responsible party accountable for the injuries and damages suffered.

Compensation Options for Injured Cyclists

You can recover compensation for damages for a dooring accident through the car occupant’s or owner’s auto insurance policy or an employer’s liability insurance, if applicable. Chicago auto accident attorneys can go over a crash victim’s case and explain the available compensation options. Injured cyclists can recover both economic and non-economic damages.

Economic damages cover quantifiable financial losses resulting from the accident. Medical expenses are a common example of economic damages. Other economic damages you can recover include:

• Lost wages
• Reduced earning capacity
• Property damage
• Childcare expenses
• Other out-of-pocket costs
• Funeral and burial costs

Non-economic damages compensate victims for the non-monetary losses they suffer. They include pain and suffering, emotional distress, scarring and disfigurement, loss of enjoyment of life, and loss of consortium.

Courts can award punitive damages in cases where the defendant’s actions were reckless or intentional, such as if the driver was drunk during the worst traffic conditions.

How a Chicago Bicycle Accident Lawyer Can Help After a Dooring Crash

A Chicago bicycle accident lawyer helps you prove liability, deal with insurance companies and their representatives, protect your rights throughout the legal process, and ensure you’re fairly compensated.

Proving Liability

Proving Illinois bicycle accident liability isn’t straightforward, usually requiring thorough investigations and solid evidence. A bicycle accident lawyer will diligently investigate your case and gather evidence to build a strong case to hold the negligent party accountable.

Chicago bicycle accident lawyers know the evidence needed to show the negligence of the person who opened the vehicle door that caused the accident. They may obtain video footage from various sources, such as security cameras, traffic cameras, and dash cams, photos of the scene, medical records, and police reports, and identify and interview witnesses. Besides establishing who’s liable for your damages, the evidence gathered will help counter any attempts by the other side to undermine your claim, for example, by unfairly shifting blame to you.

Dealing With Insurance Companies

Insurance companies and their adjusters usually go to great lengths to try to avoid or reduce responsibility to protect their bottom line. A bicycle accident lawyer will know the tactics insurance companies use to devalue claims and how to fight back to protect your best interests.

Some tactics insurance companies may try to use to avoid liability include downplaying a doored cyclist’s injuries, claiming the cyclist had time to react to prevent the crash or wasn’t obeying the road rules, and dragging out the claims process. Your attorney will counter these strategies to protect your rights. They may retain expert witnesses to strengthen your claim. An experienced attorney will negotiate with insurance companies to ensure the best case outcome and take your case to trial if necessary to protect your best interests.

Calculating Your Full Damages

Establishing the full damages you should claim can be complex. A bicycle accident lawyer will help you accurately quantify economic and non-economic damages, including the future costs you’ll likely incur due to your injuries. They will fight to recover the full extent of your damages and push back against attempts by insurance companies to undervalue your claim.

At DePaolo Zadeikis & Pino, LLC, we’re committed to advocating for the rights of bicyclists in Chicago. We handle bicycle accident cases on a contingency fee basis, meaning you only pay us if we secure compensation on your behalf. Contact us today for a free consultation.

Chicago Dooring Accident FAQs

How Long Do I Have to File a Dooring Accident Claim?

You typically have two years from the accident date to file a personal injury claim. For property damage, the timeframe extends to five years.

How Much Is My Dooring Accident Case Worth?

Each dooring accident case is unique. The value of a case depends on factors like the specifics of the crash, the extent of the victim’s injuries, and the impact of the injuries on the victim’s life. A bicycle accident lawyer can evaluate your case and estimate how much it may be worth.

Can You Still Receive Compensation if You’re Partially at Fault?

You can still recover compensation in Illinois even if you’re partially at fault for an accident, provided you’re not more than 50% at fault for the crash. However, your compensation will be reduced by your fault percentage.