Motorcyclists often become injured in an open car door motorcycle accident. When a parked driver swings a car door open onto an oncoming motorcycle, serious injuries and death can occur. Drivers and passengers have a legal duty to check their surroundings before opening a car door. They should take the time to look for any oncoming motorcycles before opening a car door into oncoming traffic.
When a motorcyclist sees an open car door approaching, he or she usually swerves quickly to avoid the door or collides with the door. The resulting force of the crash can throw the motorcycle driver from the motorcycle onto the pavement. In other cases, the motorcycle driver becomes trapped beneath their motorcycle, which falls on the driver and crushes him or her. Motorcycle drivers can suffer the following types of injuries as a result of open door motorcycle accidents:
Serious injuries resulting from open door motorcycle accidents can often cause lasting pain and suffering. Those who are attempting to recover from severe injuries face significant and mounting medical bills. In addition to coping with the financial stress of extensive medical bills, those recovering from serious motorcycle injuries must cope with emotional pain and suffering.
At Jones Kahan Law, LLC, we help lift our clients by providing them with compassionate yet aggressive legal representation. Our legal team understands that being injured in a severe open door motorcycle accident can be devastating. We work tirelessly on behalf of our clients in their attempt to recover damages for their injuries. We investigate our clients’ motorcycle accidents thoroughly and develop a compelling legal strategy.
To succeed in an Ohio personal injury lawsuit, you will need to prove that the other driver’s negligence or recklessness caused the accident that resulted in your personal injuries. When a motorcyclist collides with an open car door, the driver or passenger of the car is often at fault. However, the driver of the vehicle may still attempt to claim that the motorcycle driver was partially at fault. Perhaps the defendant will argue that the motorcycle driver was driving while distracted.
Ohio follows the legal doctrine of comparative negligence. Any party to an Ohio lawsuit, which is over 50 percent liable for the accident, cannot recover any compensation. For example, when a jury finds that the plaintiff motorcyclist is 49 percent at fault for the accident and the driver was 51 percent liable, the plaintiff could still recover. However, the court will reduce the plaintiff’s damages by his or her percentage of fault. In this case, the court would reduce the total amount of the plaintiff’s damages by 49 percent.
Unfortunately, motorcyclists often receive the blame for open door accidents. However, just because a motorcyclist does not have time to avoid a collision does not mean that he or she is at fault for the accident. Defendants will attempt to argue that the plaintiff was more than 50 percent at fault for the accident so they won’t have to pay any damages.
It is essential to hire a skilled and assertive personal injury lawyer to promote your interests throughout the criminal process. Ohio plaintiffs must present all evidence possible to demonstrate the fault of the defendant to maximize their chances of recovery at court.
If you have any questions or comments, feel free to contact us by filling out the contact form.