Motorcyclists have the same right to use the road as all other motorists, free from hazards created by a careless driver. When a person opens a car door without adequately checking for passers-by, a rider may be seriously injured. The Miami motorcycle accident attorneys at the Law Offices of Robert Dixon represent South Florida residents who have been injured in collisions caused by an open door. We can help you take any necessary legal action to assist in covering the costs of your recovery.
Liability for Open Door AccidentsMotorcycles have a tendency to stay off to one side of the road, either to pass other slow-moving vehicles or to travel safely in traffic. They do not often have the opportunity to avoid a suddenly open door or observe a door that has been left open in traffic too long. Hitting an open door may cause significant injuries to a motorcycle rider, including life-threatening harm if they are ejected from their vehicles. All motorists can decrease the likelihood of these accidents by vigilant awareness of their surroundings. Drivers should make sure to check for oncoming motorcycles or bicycles before opening a car door, and passengers should be conscious of potential risks as well.
In the event that someone fails to maintain this awareness and causes an accident by opening a door into oncoming traffic, that person may be held liable for the harm that results. Negligence is present when a defendant has breached the duty to act in a reasonable and prudent way, given the circumstances, causing injuries and resulting in damages. A driver who opens a door without first checking for others traveling past them on the road likely will be viewed as negligent. If the plaintiff’s case succeeds, an injured motorcyclist may receive compensation for past and future medical bills, loss of income and earning ability, pain and suffering, and other damages.
Sometimes, a motorcyclist is also found partly liable for causing their own injuries. Under Florida’s pure comparative fault view of liability, these injured motorcyclists may still recover costs from another at-fault party, in proportion to that party’s degree of fault.
Timing is important when pursuing a personal injury case. Florida’s statute of limitations for these claims is four years from the date of the accident, and it is two years from a victim’s death if a family wishes to file a wrongful death claim.
Protect Your Rights by Enlisting a Motorcycle Accident Attorney in MiamiCarelessness on the road may lead to significant, life-altering injuries. Motorcyclists are also alarmingly susceptible to suffering a tragic death if they are involved in a collision with another vehicle. Making sure that reckless parties are held accountable for their actions is extremely important to maintaining safety on the road. The Miami motorcycle accident lawyers at the Law Offices of Robert Dixon assist victims and their families in pursuing legal action against those who have harmed them. After an open door accident, call 877.499.4878 or contact us online for a free, no-obligation consultation to discuss your options with a motor vehicle collision attorney. We also represent people in Miami, West Palm Beach, and other cities in Miami-Dade, Broward, and Palm Beach Counties.