Car dooring is a surprisingly common type of auto accident that is often overlooked. It refers to auto accidents that result when a driver or passenger opens a car door into the path of a cyclist. Statistics show that these accidents often lead to severe injuries and even fatalities. In this article, we explore the implications of car dooring and personal injury claims in Texas.
Bicycle Accidents and Personal Injury in Texas
Dangerous automobile accidents can cause debilitating physical injuries. But when a bicycle is involved, the risk is much higher for the cyclist. The problem is complicated by the fact that, in cities like Rockwall, some roads do not accommodate cyclists. Statistics from 2017 shows that Texas had more than 2,687 bicycle accidents, and 57 resulted in death. Since cyclists can experience severe injuries, getting an attorney for your personal injury claims is essential.
The courts in Texas have a relatively broad interpretation of what constitutes an auto accident. The definition allows individuals to seek compensation even when it doesn’t involve a collision with another car. For example, you can incur injuries after your arm is caught by the car’s body when exiting a vehicle. In jurisdictions like Texas, that would qualify as an accident.
Who Is Responsible?
It is the responsibility of the passenger or driver to ensure that the road is clear before opening their door. If the driver is negligent, they can be held responsible for injuries and even death. You can, therefore, pursue compensation for injuries and damages through personal injury law in Texas.
Additionally, a driver must not leave the door of their car open next to moving traffic. The door must only remain open for a short duration only to load and offload passengers or cargo. However, if the cyclist is riding carelessly, they may be partially liable.
Sharing the Responsibility
The law in Texas can be complicated, so it is always advisable to seek an experienced attorney. In particular, you need to understand the comparative fault law. The court will apply it when determining whether you are also responsible and whether you’ll receive compensation.
The comparative law assigns a percentage to indicate each party’s fault. For example, if the damages amount to $100,000 and you’re 20% at fault, you’ll receive $80,000 in compensation. However, if it exceeds 50%, you will not receive any compensation, regardless of who bears the greatest responsibility.
Working with a Local Attorney
Ideally, you should receive compensation to facilitate treatment and cover lost wages. Since Texas applies comparative fault, you may end up not getting the amount you need to cover damages. That is why it is advisable to work with an attorney with a clear grasp of Texan personal injury laws.
Hire the Right Personal Injury Attorney
There are more than 1,315,561 attorneys in America today. While you should hire a personal injury lawyer, it is best to hire a professional with experience in Texas like Patrick Short. A qualified and experienced attorney like Patrick Short understands the complexity and technicalities of the case. For more information or to schedule a consultation, contact the law offices of Patrick Short today.