Ylla Gosney, Attorneys at Law guides people through the claims process after a bicycle accident in Oklahoma City. Bicycle accidents come in many forms, but one of the most unexpected happens when a driver or passenger suddenly opens their car door in your path. Like any accident, an open car door can lead to serious injuries. If this has happened to you, our firm is here to help. Contact us today for a free consultation.
Do You Need a Lawyer After a Dooring Accident?
More so than perhaps anywhere else in Oklahoma, Oklahoma City sees its fair share of dooring accidents–especially in crowded areas like Bricktown or near the Paycom Center. But whether you need a lawyer or not depends on the circumstances. For minor collisions, you might be able to handle a claim on your own. But if your injuries are more serious–which is far more common in dooring accidents–legal help can make a big difference. Our team at Ylla Gosney cna help you by:
- Figuring out who is responsible
- Collecting evidence
- Speaking with witnesses
- Managing insurance claims and paperwork
- Negotiating for a fair settlement, either through insurance or a lawsuit
Even a seemingly small accident can lead to significant injuries and insurance challenges. Our team will handle the legal side, so you can focus on getting better.
What Should You Do After a Dooring Accident?
Like any bicycle accident, a dooring accident is both painful and frustrating. They can happen anywhere, but again, they’re much more common in busier areas of the city with lots of on-street parking. But it’s still up to you to gather the evidence and information you’re going to need later. So, here’s what you should do after you’re hurt in one of these accidents:
- Get to safety – If you’re able, get out of traffic to avoid further harm. Check yourself for injuries and get immediate medical care with the next step.
- Call 911 – Call 911 and report the accident to Oklahoma City police and ask for an ambulance.. A police report can be valuable for your claim, and paramedics can treat your injuries on the scene.
- Document the accident – Take pictures or videos of the accident site, your bicycle, and any visible injuries. Get the driver and passenger’s contact and insurance details, as well as statements from any witnesses.
- Watch your statements – When you talk to police or insurance companies, be very careful with what you say. Don’t admit fault or exaggerate what happened. Just stick to the facts.
- Keep records – Keep medical records, the police report, repair estimates, and any other relevant documents. Also, don’t fix your bike or replace damaged gear until you’ve documented everything for your claim.
Even though Oklahoma City sees more dooring bicycle accidents than other places in the state, these steps are going to apply to you whenever and however you’re involved in one. Taking them sets the foundation for your later claim.
What is the Claims Process Like After a Dooring Bicycle Accident?
A dooring accident is a bit different than other bicycle accidents in terms of what leads up to them, but the aftermath is familiar–injuries and other losses. So, you have certain options when you’re involved in one, namely the ability to file a claim and recover “damages.” How you decide to do this is up to you, but generally, you can either:
- File an insurance claim.
- File a personal injury lawsuit.
Trying to settle a dooring bicycle accident claim through insurance is a faster option, as it avoids the court system. However, the claim is entirely controlled by the insurance company, and their primary goal is to minimize payouts by offering you the lowest possible settlement in the hopes that you’ll accept it.
On the other hand, a lawsuit takes more time and effort since it involves a formal legal process under a judge. However, it’s often a fairer option, giving you the opportunity to get fuller financial support for your damages, which can include things like:
- Medical expenses, including future treatments if ongoing care is needed
- Lost income and loss of future earning capacity
- Repair/replacement costs for your bicycle and or other damaged personal property
- Pain and suffering
- Emotional distress
- Reduced quality of life
- Wrongful death expenses (in fatal accidents)
In Oklahoma, even though fault in a dooring accident is usually clear, the state follows a modified comparative negligence rule. This means if you’re partly at fault, your damages will be reduced by your percentage of fault.
If you’re more than 50% responsible for the accident, you can’t recover damages. For example, if you’re 10% at fault, your damages will be reduced by 10%.
Who Pays For Your Damages in a Dooring Bicycle Accident?
One of the big differences between a dooring accident and a regular bicycle accident is that the driver of the car isn’t always responsible. Rather, Oklahoma law says that:
- No person can open their door on the same side as moving traffic until it’s safe to do so, or leave a door open on the side of a vehicle facing moving traffic for longer than necessary to load or unload passengers.
As such, the person who opened the door–whether the driver or a passenger–can be held liable for the accident. This is because opening a car door into a person riding a bike effectively amounts to negligence.
Even if it’s clear who’s at fault, insurance companies will always prioritize their client’s interests, not yours. So, if you’re contacted by the insurance company, keep your answers short and to the point, and avoid admitting any fault. Being mindful of this will help you avoid accidentally weakening your claim.
Can You Avoid Dooring Accidents in Oklahoma City?
Another difference with dooring accidents is that, unlike a lot of bicycle accidents, you actually have some control over the situation as a rider. Although they happen very quickly, doing the following can help you be prepared in the face of a potential dooring accident:
- Be visible – Make sure drivers can easily see you. Use bike lights, reflectors, and wear bright clothing, especially when riding in low light or at night.
- Ride defensively – Stay at least three feet away from parked cars whenever possible. Always assume that a car door could open without warning.
- Keep a steady speed – Avoid making sudden moves or changing speed quickly, as it can be harder for drivers to predict your actions.
- Watch for people in cars – Pay attention to signs that a car might open its door, like brake lights, reverse lights, or movement inside the vehicle. Also, be aware of people leaving buses, as they may not notice you.
- Use hand signals – Always use clear hand signals to show drivers your intentions when turning or stopping.
Even if you follow all these safety tips, dooring accidents can still happen. Taking these precautions will help you stay safer while riding in the city, but it’s also a good idea to be prepared for legal help if you’re ever involved in an accident.
Contact Ylla Gosney After a Dooring Accident in Oklahoma City
Bicycle accidents are frustrating, and a dooring accident can be even worse, especially when someone isn’t paying attention and opens their car door into you. These accidents can cause serious injuries that impact both you and your family. At Ylla Gosney, we’ll help you with building a strong claim to get the damages you need to recover. Contact us today for a free consultation.
