My father was in a motorcycle accident caused when someone opened their car door, Who is liable?

Question

The opposing insurance company claims that my father is 50% liable because he was going too fast 5-10 mph (yes... he was splitting between the parked cars and the cars waiting for the light) He was planning to turn right at the light which was approx 150 to 200 feet away from the parked car that's door hit my father's leg. He flew 20 off of his motorcycle and broke 9 ribs not to mention his broken leg from the impact with the door. My main question is with regards to the liability, as far as I know you always have to check for a bicycle or another car before opening a door. What is the law with regards to splitting traffic on a motorcycle, specifically when your intent is to turn right at an upcoming street?

Thanx for the help!

In case everyone didn't pay attention many people are sighting that 5-10 mph is too fast??? Sounds wacky to me!! Also are you trying to say that bikes cannot go between parked cars and the cars on the road if the cars on the road are waiting for a light. There was no squeezing there was about 5 feet between the parked cars and the cars on the road. If there was a few more feet it would be perfectly legal for a car, turning right at the upcomming light to drive there. My father was paying attention and swerved to avoid the door but it was too late it happened too fast. I just don't understand... If it was a bicycle instead of a motorcycle would you be saying something different? I think you would.

Answer 1

Quote: "he was splitting between the parked cars and the cars waiting for the light"

There's his 50%

If he had been following the rules of the road and got hit by a car door, he wouldn't have been partially liable.

They both did something wrong and ended up splitting the liability

Answer 2

Liability

1. Depends on the state laws for negligence, whether it is comparative fault or contributory negligence. Most states are comparative fault, assigning a percentage of fault on the plaintiff and defendant. If the percentage is 50-50, then there is no recovery.

2. You father seems to be liable for the accident because he was not obeying 1)speed limit and 2) obeying lane restrictions.

3. It is your father's responsibility to be observant as well. he has a better view than the driver who is exiting the vehicle.

Question: who was cited on the accident report? If it was your dad, then the insurance company will definitely fight with you. If it was their insured, then you definitely have an argument for say...70-30% split, which will allow for your dad to recover 70% of his losses.

Answer 3

I think hes lucky to be getting only 50% responsibility because it sounds like he was at fault entirely.
Motorcycles and bicycles are supposed to follow the rules and laws a car must follow, which means he was not supposed to sqeeze in between parked cars and the cars stopped at the light.

Answer 4

On a legal basis, bicycles and motorcycles "have" to follow the same traffic laws as cars (motor vehicles). If your father was going to try and squeeze between cars, and I have seen this many times, for whatever reason, then take my advise and take whatever you can from the insurance company, because the whole accident was his fault. Yes, people getting in and out of their cars need to check, and even cars that are in motion need to check, and I hate to say this and I don't mean that all motorcycle riders do this, but many of them zip in and out of traffic and try to find shortcuts, and thus, accidents happen, and when they are zippin in and out, they are hard to spot.

Answer 5

Actually the insurance company is right. If your father was going above the speed limit, whether he was turning or not shouldn't make it relevant, and saw the door open, if he'd have gone the speed limit he'd have a chance to slow down long enough for the person to see him coming or stop totally. I would say they are both liable...both should have been paying attention...sorry :(

Answer 6

Not being a lawyer, my best answer is that your father was speeding, failed to reduce speed to avoid an accident and illegal lane usage. Get the checkbook out because he is liable. The insurance company has all day to fight it and be in court. Does your father? Either way, I'll bet he won't drive between cars again.

Answer 7

tough one, the guy that opened the car door should be but a driver (dad) alays needs to be in control of your vehicle. unless he admitted to the speed I do not see how it was determined. this happens so ofton that most states take the 50/50 route. He can also bring this to claims court in some states beyond the insurance.

Answer 8

i'm pretty sure the car is liable.
if they were at a light why were they even opening the door?
think about when someone opens a door and hits the car next to them.....its their own fault. you look before you open.
good luck to you both

Answer 9

Depends on the state. I know in NY, if you open your car door and hit someone, the officer is required to assign fault to the person who opened the door.