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Chicago Bike Dooring Accident Lawyer
Chicago Bicycle Dooring Accident Attorney for Injury Compensation
If you were hit by a car door while riding a bike, a Chicago bike dooring accident lawyer can help you understand who may be responsible and pursue compensation when another person’s failure to check for approaching cyclists caused the crash.
Our Chicago dooring bicycle accident lawyers understand the serious injuries cyclists can suffer when a driver opens a car door without checking for oncoming bikes. These preventable accidents often result in broken bones, head trauma, and long recovery periods. We help injured cyclists understand their legal options after a dooring accident and pursue compensation when another person’s negligence caused their injuries.
If you were injured in a dooring accident, a Chicago bike dooring accident lawyer from our team can help you seek compensation for medical expenses, lost wages, and other damages. Illinois dooring law applies to the person opening the vehicle door, including a driver or passenger, when the door is opened into moving traffic when it is not reasonably safe to do so.
Some of our bicycle accident settlements include:
- $1,000,000 for a 26-year-old cyclist who suffered a torn rotator cuff after a driver carelessly opened their car door into her path.
- $760,000 for a cyclist who was stopped at a traffic light when a driver struck them from behind.
- $605,000 for a 72-year-old cyclist who was lawfully crossing in a marked crosswalk when a commercial truck struck them.
The second and third results are examples of the firm’s bicycle accident results generally, rather than dooring-specific results. Confirm that all settlement figures are documented and approved for publication before publishing this section.
What Is a Bicycle Dooring Accident?
A “dooring” accident is a collision that happens when someone opens a vehicle door into the path of a cyclist riding on the road. This type of door zone accident in Chicago typically occurs when a driver or a vehicle occupant fails to check oncoming traffic and the cyclist can’t react in time. In addition to physical injuries, victims may also be entitled to seek compensation for a damaged bike and other property losses resulting from the crash.
Why Are Car Door Accidents Dangerous for Cyclists?
Unlike cars, bikes offer no protection. Even at low speeds, a cyclist colliding with a car door can suffer serious injuries. Of course, the risk of severe injury increases dramatically as speed rises.
An even worse scenario is being thrown into the oncoming traffic. After colliding with the car door, a cyclist may be thrown into the adjacent traffic lane, increasing the risk of being struck by another vehicle.
An often-overlooked danger is how it changes cyclists’ behavior. The fear of hitting a car door can push riders too far from the door zone and parked vehicles, disrupting traffic flow and increasing the risk of bicycle accidents. Using gear to help cyclists stay visible can also improve driver awareness and reduce the likelihood of these preventable crashes.
Finally, the less visible but essential impact is that safety concerns do not just affect current cyclists. They discourage potential riders, reducing cycling’s environmental benefits. In Chicago, bicycle use surged by 119% from 2019 to 2023, and research shows that even more people would ride if they felt safer.
Illinois and Chicago Laws on Dooring Accidents
Illinois state law and Chicago municipal ordinances address the dooring issue, aiming to protect cyclists and assign liability in the event of an accident.
The Illinois “Dooring” Statute
The Illinois statute 735 ILCS 5/11-1407 states that no one may open a vehicle door into moving traffic unless it is safe and does not interfere with traffic, nor leave it open longer than needed for loading or unloading. A violation of this statute can support a negligence claim when the unlawful door opening causes a cyclist’s injuries.
Chicago Municipal Code Provisions Related to Dooring
Section 9-80-035 of the Chicago Municipal Code prohibits opening a vehicle door on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with traffic. In short, it applies to the person who opens the door, including a driver or passenger.
Regarding fines, section 9-4-025 states that a person who violates Section 9-80-035 of the code, and whose violation causes a collision between a motor vehicle and a bicycle, is subject to a $1,000 fine for each offense.
Establishing Negligence in a Dooring Case
A violation of these laws can establish negligence on the motorist’s part. If a driver or passenger opens a car door in violation of these statutes and causes an accident, they may be held liable for the cyclist’s injuries and damages.
However, there are other factors to consider when proving liability in a dooring incident. Some of them are:
- Cyclist speed and proximity. Riding too fast or close to a parked car reduces the chances of spotting the door opening in time. This, in turn, reduces reaction time and maneuverability.
- Lack of bike lanes. Poorly designed or absent painted bike lanes increase dooring risks.
- Limited visibility. Weather, darkness, obstacles, or lack of bright and visible clothing can make it harder for motor vehicle drivers and cyclists to see each other.
- Distraction and impairment. Using a mobile phone or being impaired can prevent drivers and cyclists from noticing an open car door in time.
Who Is Liable When a Passenger Opens the Door?
The person who opens a vehicle door may be responsible for a dooring accident if they open it into moving traffic when it is not reasonably safe to do so. This can include a passenger in a private vehicle, a passenger getting out of a rideshare vehicle, or a passenger exiting a taxi. In a rideshare or taxi dooring accident, there may also be additional insurance coverage depending on the circumstances, but coverage and liability must be investigated on a case-by-case basis.
If an Uber or other rideshare passenger opens a door and hits a cyclist, the passenger may be personally liable, while the driver’s role and applicable insurance coverage may also need to be examined. The same type of analysis may apply when a passenger exits a taxi. Evidence such as the vehicle involved, who opened the door, witness statements, photographs, and insurance information can help determine the parties and policies that may be relevant. You can learn more about rideshare bicycle collisions and taxi and bicycle collisions when investigating these claims.
Common Injuries in Bicycle Dooring Accidents
A sudden and forceful collision with a car door can inflict devastating injuries on an oncoming cyclist. Here are some of the most common injuries victims can sustain in bicycle accidents.
Head Injuries
Even when wearing a helmet, bicyclists who hit an open vehicle door can suffer concussions, traumatic brain injuries (TBIs), and skull fractures. These injuries can have long-lasting effects, including cognitive impairment, memory loss, and chronic headaches. In severe cases, TBIs can lead to permanent disability or death.
Facial Injuries and Dental Trauma
Cyclists may strike the car door or pavement face-first during a dooring incident, resulting in cuts, bruises, or broken teeth. These facial injuries can involve fractures to delicate facial bones such as the nose and jaw, which may require surgical intervention.
Shoulder and Collarbone Injuries
The force of a bicycle dooring accident often causes cyclists to fall awkwardly, leading to shoulder dislocations and collarbone fractures. Treatment may involve immobilization, physical therapy, or surgery, depending on the severity. For information about Illinois dooring law and the legal definition of a dooring accident, see the laws section above.
Wrist, Hand, and Arm Fractures
Fractures in the wrist, hand, and forearm are prevalent in bicycle accidents. When cyclists attempt to break their fall by extending their arms, they risk sustaining metacarpal or wrist fractures. These injuries can lead to long-term pain and may require extensive rehabilitation.
Road Rash and Lacerations
Road rash occurs when a cyclist slides across the pavement after a fall. While it may seem minor compared to other injuries victims can suffer after hitting a car door, road rash can result in serious infections if not treated properly. Severe cases may require skin grafts and long-term medical care.
Spinal Cord Injuries
Spinal cord injuries are among the most life-altering consequences of bicycle dooring accidents. Damage to the spine can lead to partial or complete paralysis, significantly impacting the victim’s quality of life. Even less severe spinal injuries can result in chronic pain and mobility issues, necessitating ongoing physical therapy.
Internal Injuries
Internal injuries such as damage to organs or internal bleeding can occur during a bicycle dooring accident but may not be immediately apparent. Prompt medical evaluation is crucial for diagnosing these potentially life-threatening conditions. Long-term effects of hitting a parked car can include chronic pain and organ dysfunction.
Psychological Trauma
The psychological impact of a bicycle accident should not be underestimated. Victims may experience post-traumatic stress disorder (PTSD), anxiety, depression, and a fear of cycling or driving again. These mental health issues can be as debilitating as physical injuries and often require professional recovery treatment.
Steps to Take After a Bicycle Dooring Accident in Chicago
If you are involved in a dooring accident in Chicago, here are the steps you should take:
- Prioritize safety and seek medical attention immediately
- Call 911 and report the accident to the Chicago Police
- Exchange information with the driver
- Document the accident scene
- Preserve evidence
- Keep detailed records of medical treatment, expenses, and lost wages
- Do not admit fault or discuss the accident with insurance companies without legal advice
- Consult a bicycle accident lawyer
How to File a Claim or Lawsuit for a Chicago Bicycle Dooring Accident
A lawsuit may be necessary to recover maximum compensation for medical expenses, lost wages, pain and suffering, and other losses. Here’s an outline of the legal process:
The first step is to consult with a qualified Chicago bicycle accident attorney. Your attorney can investigate the dooring incident, identify who opened the vehicle door, gather evidence, and assess potentially applicable insurance coverage.
A personal injury attorney will file an insurance claim with the at-fault party’s insurance company. If you can’t reach a fair settlement through negotiation, they may recommend filing a lawsuit in Illinois courts. The legal process may involve discovery, negotiations, and a trial to pursue the compensation you deserve.
How We Handle Dooring Cases
Our legal team handles bicycle accident claims involving dooring crashes in Chicago. We investigate the circumstances of the collision, gather available evidence, assess liability, communicate with insurers, and help clients understand their legal options. We also consider issues such as comparative negligence, the identity of the person who opened the door, and the insurance coverage that may apply to the claim.
Types of Damages Available to Bike Dooring Victims
Being injured in a dooring accident can be both physically painful and financially burdensome. If a driver’s negligence caused your injuries, you may be entitled to compensation for medical bills, lost wages, and the pain and suffering you’ve endured.
Economic Damages
Economic damages are designed to cover the tangible financial losses incurred due to the accident. This includes:
- Medical expenses
- Lost income
- Property damage
Economic damages from bicycle accidents are typically straightforward to calculate and require documentation such as medical bills, pay stubs, and repair estimates.
Non-Economic Damages
Non-economic damages address the intangible losses that victims experience due to their injuries. These damages can be more challenging to quantify but are equally crucial in compensating victims for their suffering. They include:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
Time Limit in Illinois for Filing a Lawsuit
In Illinois, the statute of limitations for personal injury cases is two years (735 ILCS 5/13-202). This means bicycle accident victims generally have two years from the date of the incident to file a lawsuit. However, exceptions can affect the applicable deadline, so the specific facts of the case should be reviewed rather than relying solely on the general two-year period.
How a Chicago Bicycle Dooring Accident Lawyer Can Help You
A lawyer can offer crucial legal support, helping you establish liability, negotiate with insurance companies, and pursue maximum compensation. They also ensure your rights are fully protected throughout the legal process.
Proving Liability in Dooring Accidents
One of the primary difficulties lies in establishing negligence. While drivers and vehicle occupants are legally obligated to check for oncoming cyclists before opening their car doors, determining whether they breached this duty can be complex.
Factors such as the visibility of the cyclist, his position within or out of the bike lane, the driver’s awareness of the door zone, and the specific circumstances surrounding the accident all play a role. Riding in the door zone does not automatically eliminate the duty imposed on the person opening the vehicle door, but an insurer may argue that the cyclist’s conduct contributed to the crash. Under Illinois modified comparative negligence rules, a claimant generally may recover damages when their share of fault is 50% or less, with recovery reduced by their percentage of fault.
Dealing with Insurance Companies and Defense Lawyers
When filing a claim or personal injury lawsuit, it’s important to remember that insurance companies prioritize their bottom line, not your best interests. They often downplay injuries, dispute liability, and try to prove that the victim wasn’t following the rules of bicycle safety, etc.
Sometimes, they may even drag out the process with legal tactics to avoid full compensation. A skilled lawyer recognizes these strategies and knows how to counter them effectively.
Maximizing Your Compensation
An experienced lawyer fights to recover the full extent of damages for victims, including medical expenses, lost wages, property damage, and non-economic losses like pain and suffering. Their expertise allows them to anticipate potential complications and future costs, ensuring victims receive a settlement that reflects their needs.
Protecting Your Rights Throughout the Legal Process
The legal system and proceedings can be overwhelming for a layman, and a lawyer ensures that all necessary steps are followed, including filing deadlines and legal procedures. They keep the victim informed at every stage, advocating for their rights while allowing them to focus on recovery with confidence that their case is in capable hands.
FAQs About Bicycle Dooring Accidents
Who is at fault in a bicycle dooring accident in Chicago?
Under Illinois law, the person who opens a vehicle door on the side available to moving traffic must first make sure it is reasonably safe to do so and that opening the door will not interfere with traffic. A violation of 625 ILCS 5/11-1407 can support a negligence claim when the violation causes a cyclist’s injuries. Liability can also depend on the circumstances and evidence in the individual case.
Is dooring illegal in Illinois?
Yes. Illinois law prohibits a person from opening a vehicle door on the side available to moving traffic unless it is reasonably safe and will not interfere with traffic. The rule appears in 625 ILCS 5/11-1407. In Chicago, Municipal Code 9-80-035 contains a similar prohibition, and a violation that causes a bicycle collision can result in a $1,000 fine under Section 9-4-025.
Can I sue if I was hit by a car door while riding my bike?
You may have a personal injury claim if another person’s negligent conduct caused the dooring accident and your injuries. Potential damages can include medical expenses, lost income, property damage, pain and suffering, and other losses supported by the evidence. The identity of the person who opened the door and available insurance coverage may also affect the claim.
How much compensation can I get for a bike dooring accident?
The value of a dooring accident claim depends on factors such as the severity and duration of the injuries, medical expenses, lost income, property damage, pain and suffering, and the effect of the injuries on daily activities. The available evidence, insurance coverage, liability, and any comparative-fault issues can also affect the amount recoverable.
How do I prove negligence in a dooring accident?
A dooring claim generally requires evidence showing that the person opening the door owed a duty, failed to use reasonable care, and caused the cyclist’s injuries and resulting damages. Evidence may include photographs, video, witness statements, police reports, medical records, vehicle information, and testimony about how the door was opened.
What if I was partially at fault for the accident?
You may still recover damages under Illinois modified comparative negligence rules if your share of fault is not more than 50%. Your compensation can be reduced by your percentage of fault. For example, if you are found 20% responsible, a $100,000 award could generally be reduced to $80,000, subject to the specific facts and applicable law.
Get a Free Consultation from a Chicago Bike Dooring Accident Lawyer Today!
If you or a loved one has been injured in a bicycle dooring accident, contact our team today for a free consultation. An experienced Illinois bicycle accident attorney will review your case, explain your legal options, and guide you through the next steps. We are committed to helping you pursue fair compensation for your injuries, losses, and recovery.
Legally Reviewed By
Attorney Jonathan Rosenfeld
Reviewed by Attorney Jonathan Rosenfeld The material on this page has been legally reviewed by Attorney Jonathan Rosenfeld of Rosenfeld Injury Lawyers LLC. Mr. Rosenfeld and his team have experience representing injured cyclists in bicycle accident cases in Chicago. With a focus on personal injury law, they help bicycle accident victims understand their legal options and pursue compensation for medical expenses, lost wages, and other damages resulting from their injuries.
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