Philadelphia’s busy streets are filled with cars, delivery vehicles, and bicyclists all trying to share limited space. Unfortunately, that mix often leads to a common but dangerous type of collision known as a “dooring accident.” This happens when a driver or passenger opens a car door into the path of a cyclist, causing a sudden and often severe crash.
If you were hurt in a bicycle dooring accident, proving who was at fault is key to recovering compensation for your injuries. Let’s break down what evidence helps prove liability in a bicycle dooring case, what Pennsylvania law says about these incidents, and how an experienced Philadelphia personal injury lawyer can protect your rights.
Understanding Bicycle Dooring Accidents
A dooring accident occurs when someone inside a parked or stopped vehicle opens their door into the path of a cyclist. These collisions are sudden, leaving riders no time to swerve or stop. The result can be serious injuries from broken bones and concussions to spinal cord damage or internal injuries.
Under Pennsylvania traffic law (75 Pa. C.S. § 3705), it’s illegal to open a car door unless it’s safe to do so and won’t interfere with traffic, including bicyclists. That means drivers and passengers have a legal duty to check for oncoming traffic before exiting their vehicle.
If they fail to take that simple precaution, they can be held liable for any injuries caused.
Key Evidence That Can Help Prove Fault
Proving fault in a bicycle dooring case isn’t always straightforward. Insurance companies may try to shift blame to the cyclist or argue that the crash couldn’t have been avoided. The following types of evidence can help show who was truly responsible.
1. Police Reports
Always call the police after a bicycle dooring accident, even if your injuries seem minor at first. The responding officer will document the scene, gather witness information, and issue citations if traffic laws were violated.
A police report provides an official account of what happened, and can be one of the strongest pieces of evidence when proving fault.
2. Eyewitness Statements
Bystanders who saw the incident unfold can confirm whether the driver or passenger opened the door suddenly or without looking. Their statements can also clarify important details, such as:
- Whether the car was legally parked
- How much space the cyclist had to maneuver
- Whether the driver appeared distracted
Witness accounts can strengthen your case by supporting your version of events and disproving conflicting claims.
3. Video Footage
Philadelphia is full of surveillance cameras, from traffic intersections to business storefronts and even doorbell cameras. Video footage can clearly show the timing of the door opening, the cyclist’s position, and the impact itself.
In many cases, attorneys can request footage from nearby businesses, city cameras, or private residences to use as crucial visual evidence in a claim.
4. Photos of the Scene and Damage
If possible, take photos right after the crash. Capture the position of the car, the open door, your bike, and any skid marks or debris. Pictures of your injuries and damage to your bicycle can also help show the severity and direction of the impact.
These photos provide a snapshot in time, proving that the collision occurred the way you described.
5. Medical Records and Bills
Your medical documentation serves two purposes: proving you were injured and connecting those injuries directly to the accident.
Emergency room reports, doctor notes, X-rays, and therapy records all help demonstrate how serious the impact was. They also show the financial losses you’ve suffered from medical treatment, which can be critical for calculating compensation.
6. Expert Testimony
Sometimes, accident reconstruction experts or medical professionals are brought in to provide additional clarity.
Accident reconstructionists can analyze skid marks, impact angles, and physics to show exactly how the collision occurred.
Medical experts can testify about the nature and cause of your injuries, confirming that they match a typical dooring accident pattern.
This expert insight can be especially useful if the other side disputes fault.
Common Defenses in Bicycle Dooring Cases
To protect their client or avoid paying damages, drivers and insurance companies may use several tactics to minimize responsibility. Common defenses include:
- Claiming the cyclist was too close to parked cars or swerved into the door
- Arguing that the door was already open before the cyclist approached
- Blaming poor visibility due to lighting or weather
An experienced Philadelphia personal injury attorney knows how to counter these arguments with solid evidence and legal strategy.
Pennsylvania’s Comparative Negligence Rule
Pennsylvania follows a modified comparative negligence rule, meaning your compensation can be reduced if you are found partially at fault for the accident. However, as long as you are less than 51% responsible, you can still recover damages.
For example, if you were awarded $100,000 but found 10% at fault, your recovery would be reduced to $90,000.
That’s why building a strong, evidence-backed case is so important. It helps ensure that liability is placed where it truly belongs.
Similar Post: Understanding Comparative Negligence Laws in Pennsylvania: How It Affects Your Auto Accident Claim
Compensation Available After a Dooring Accident
Victims of bicycle dooring accidents in Philadelphia may be eligible to recover compensation for:
- Hospital and treatment costs, including emergency care, surgery, and rehabilitation
- Wages lost while you recover and any impact on your future earning potential
- Physical pain and the challenges of recovery
- Mental and emotional trauma caused by the crash
- Damage to your bicycle or personal belongings
Depending on the details of your case, punitive damages may also be available.
Why You Need a Philadelphia Bicycle Accident Lawyer
Even when liability seems obvious, insurance companies often resist paying fair compensation. They may argue that your bicycle injuries weren’t severe, that you were riding unsafely, or that there’s insufficient proof.
A skilled Philadelphia bicycle accident lawyer can:
- Investigate the crash and gather all necessary evidence
- Work with witnesses and experts to strengthen your claim
- Handle communication with insurers
- Negotiate for maximum compensation
- Take your case to court if necessary
The attorneys at van der Veen, Hartshorn, Levin & Lindheim have decades of experience fighting for injured cyclists throughout Philadelphia and know how to build a powerful case that holds negligent parties accountable.
Similar Post: 3 Clear Signs You Need to Hire a Personal Injury Attorney
Protect Your Rights After a Bicycle Dooring Accident in Philadelphia
Cyclists have every right to ride safely on Philadelphia’s streets. When someone’s careless actions, like opening a door without checking, cause harm, that person should be held responsible.
Don’t let an insurance company minimize your injuries or deny your claim. The Philadelphia personal injury lawyers at van der Veen, Hartshorn, Levin & Lindheim can help you gather the evidence you need to prove liability and recover the compensation you deserve.
Contact us today for a free consultation and take the first step toward justice. We represent clients all throughout Philadelphia County, including Center City.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.