Yes, you can sue if you were doored by a car while riding your motorcycle. The straightforward answer is that in nearly all circumstances, the law holds that the person opening a vehicle door into the path of traffic is the one at fault. This principle forms the foundation of your right to seek compensation if you were injured when a car door was opened on your motorcycle.
While the fault may seem obvious, what you do after the accident will significantly shape the outcome of your claim. The process of securing fair compensation is often more complex than people realize. Insurance companies may contest the extent of your injuries or argue that you share some of the blame, making the path to recovery a difficult one to walk alone.
If a dooring accident has injured you or a loved one, an experienced Arkansas motorcycle accident lawyer at Caddell Reynolds Law Firm can help. We understand the specific challenges motorcyclists face and are prepared to handle your case with the attention it deserves.
Contact us for a free consultation to discuss your case at (479) 782-5297.
The Unseen Danger: Why Dooring Accidents Are So Severe for Motorcyclists
The Suddenness of the Event
A dooring accident happens in an instant. For a motorcyclist, there is almost no time to react. Even at city speeds, a rider has only fractions of a second to perceive the threat, process it, and execute a maneuver. Plus, there is often no safe way to swerve, with other traffic or obstacles blocking any potential escape route.
Common Injuries from Dooring
The initial impact can throw a rider from their bike directly into the pavement or, worse, into the path of another vehicle. The collision with the door itself concentrates a massive amount of force on the rider’s body.
Common injuries include:
- Traumatic Brain Injuries (TBIs): Impact with the door or pavement can cause concussions or more severe, life-altering brain damage.
- Spinal Cord Injuries: The violent force of being thrown from the motorcycle accident can lead to fractures of the vertebrae, potentially causing paralysis.
- Fractures and Broken Bones: It is common for riders to suffer broken arms, legs, ribs, and clavicles.
- Severe Road Rash: Sliding across asphalt can cause deep abrasions, embedding debris in the skin and requiring extensive medical treatment.
According to the National Highway Traffic Safety Administration (NHTSA), motorcyclists are approximately 28 times more likely to die in a crash per vehicle mile traveled than occupants of passenger cars.
Who Is at Fault? Understanding Arkansas’s Dooring Law
The Letter of the Law
In Arkansas, the question of fault in a dooring accident is not left to interpretation. Arkansas Code § 27-51-1307, titled “Opening and closing vehicle doors,” reads: “No person shall open the door of a motor vehicle on the side available to moving traffic unless and until it is reasonably safe to do so and can be done without interfering with the movement of other traffic…”
What This Law Means in Plain English
This law establishes what is known as a “duty of care.” It places the complete responsibility on the person opening the door—whether a driver or a passenger—to ensure the way is clear. This duty applies to everyone, including occupants of private vehicles, taxis, and rideshare cars.
This brings us to a powerful legal concept known as negligence per se. In simple terms, when a person violates a statute designed to protect public safety, their action is automatically considered negligent. You do not have to prove they were being careless; the act of breaking the safety law is, by itself, proof of negligence. This provides a significant advantage when pursuing a claim for your injuries.
Defending Your Rights: How Insurance Companies May Try to Shift the Blame
Comparative Fault
Even with a clear law on your side, an insurance company’s goal is to minimize the amount it has to pay. One of the most common ways they do this is by arguing that you, the motorcyclist, were also at fault.
Arkansas uses a “modified comparative fault” system. This rule means that if you are found to be 50% or more responsible for the accident, you are blocked from recovering any compensation at all. If you are found to be less than 50% at fault, your recovery is simply reduced by your percentage of fault. For example, if you are awarded $100,000 but found 20% at fault, you would receive $80,000.
Common Arguments Used Against Riders
Our firm is prepared to counter the standard arguments insurance adjusters raise against motorcyclists. These frequently include:
- Allegations of Speeding: They might claim you were traveling too fast for conditions, even if you were under the speed limit, arguing you didn’t leave yourself enough time to react.
- Lane Positioning: An adjuster could argue you were “lane splitting” or riding too close to the line of parked cars, placing yourself in a dangerous position.
- Lack of Visibility: A very common defense is the driver stating, “I looked, but I never saw the motorcycle.” This is an attempt to shift the focus to whether your headlight was on or if your clothing was conspicuous enough.
Protecting Your Claim: Practical Steps to Take from Home
Now that the immediate chaos of the scene is over, organization is your best tool.
Create a Central File for All Documents
Get a simple folder, binder, or create a dedicated digital file on your computer. In it, place every single piece of paper related to the accident. This includes the police report, the information exchanged at the scene, letters from any insurance company, receipts for prescriptions, and all medical bills..
Keep a Detailed Pain and Recovery Journal
Your medical records will show a diagnosis, but they do not capture the human story of your recovery. A journal does. Each day, take a few minutes to write down your pain level, any difficulties you had with simple tasks like dressing or walking, social events or family activities you missed, and the emotional frustration or anxiety you feel. This journal becomes powerful evidence for what the law calls “pain and suffering” damages.
Track Every Penny of Your Expenses
Your losses go far beyond the initial hospital bill. Create a running list of every single related cost:
- Prescription and over-the-counter medication co-pays.
- Mileage to and from doctor’s appointments and physical therapy.
- The cost of any assistive devices, like crutches or a wheelchair.
- Wages lost from being unable to work. Be sure to get a letter from your employer documenting your pay rate and the hours you have missed.
Preserve Your Physical Evidence
It is tempting to want to get rid of the reminders of your accident, but you must resist this urge. Do not throw anything away.
- Your Damaged Motorcycle: Do not have your bike repaired or salvaged until it has been inspected by an expert. It contains evidence about the angle and force of the impact.
- Your Riding Gear: Your helmet, jacket, pants, and boots are crucial pieces of evidence. A scuffed helmet shows where your head hit; a torn jacket shows the point of impact on your body. Store them safely.
The Social Media Blackout
Insurance adjusters investigate every aspect of a claim, and that includes your public social media profiles. A single photograph of you smiling at a family barbecue or a post about feeling “a little better today” could be taken out of context. An adjuster can use it to argue your injuries are not as severe as you claim. It is best to refrain from posting about your accident or your recovery until your case is fully resolved.
Why You Need an Advocate When Dealing with Insurance Adjusters
The Adjuster’s True Role
Remember that an insurance adjuster, however friendly they may seem, has a primary professional obligation to their employer’s financial bottom line. Their job is to resolve your claim for the lowest amount possible. They are not on your side.
Tactics to Be Aware Of
To achieve their goal, adjusters use several standard tactics. Being aware of them is the first step in protecting yourself.
- The Recorded Statement: An adjuster will quickly ask you for a recorded statement about the accident. They will say it’s just to get your side of the story. In reality, it is a tool they use to find any small inconsistency or admission they can use against you later. The best advice is to never give a recorded statement without your lawyer present.
- The Quick Settlement Offer: They might offer you a check within days of the accident. This may seem helpful, but it is a strategy to close your case before the full extent of your injuries is known. You might not yet realize you need surgery or extensive physical therapy. Once you accept that check, you lose the right to ask for any more money.
- The Medical Authorization Form: They will ask you to sign a broad medical records authorization form. This gives them the right to look through your entire medical history, searching for any pre-existing conditions they can blame for your current pain.
How Your Lawyer Steps In
When you hire Caddell Reynolds Law Firm, all of this stops. We immediately notify the insurance company that you are represented by counsel. From that moment forward, all communication must go through our office. This wall of protection shields you from their tactics and lets you dedicate your energy to the one thing that matters: your recovery.
FAQ for Arkansas Motorcycle Dooring Claims
How long do I have to file a lawsuit in Arkansas?
For most personal injury cases in Arkansas, the statute of limitations is three years from the date of the injury. If you fail to file a lawsuit within this time frame, you will likely lose your right to pursue compensation forever.
Do I still have a case if I wasn’t wearing a helmet?
Yes. In Arkansas, motorcyclists aged 21 and older are not legally required to wear a helmet. However, the insurance company will almost certainly argue that your failure to wear one contributed to the severity of your head injuries. This is a complex issue under Arkansas’s comparative fault rules, and it makes having legal representation even more important to protect your claim.
What if the person who opened the door was a passenger in a taxi or rideshare?
The duty to check for traffic before opening a door applies to passengers just as it does to drivers. Liability could potentially fall on the passenger who opened the door, the driver of the vehicle (for stopping in an unsafe location), or the company they work for.
What happens if the driver who doored me fled the scene?
If the at-fault driver cannot be identified, this becomes a hit-and-run situation. In this case, you may be able to file a personal claim under your own motorcycle insurance policy, provided you have Uninsured Motorist (UM) coverage.
The law seems clear that the driver was at fault. Why do I still need a lawyer?
Because the law being on your side doesn’t stop an insurance company from fighting to pay as little as possible. They might still try to argue that you were partially at fault to reduce their payout under the comparative fault rule. A lawyer handles the entire process: gathering evidence, countering the insurer’s arguments, calculating your total damages (including future needs), and managing all negotiations to ensure you are treated fairly.
Will I have to go to court to get my compensation?
It is unlikely, but possible. The vast majority of personal injury cases—around 95%—are settled out of court through negotiations between your lawyer and the insurance company. Preparing a case as if it will go to trial is what produces the best settlements. An insurer is more likely to make a fair offer when they see that your attorney is fully prepared to take the matter before a judge and jury.
Don’t Let a Car Door Close the Door on Your Recovery
The moments following a dooring accident are defined by shock and pain, but the law provides a clear path toward holding the responsible party accountable. Your priority is to heal; our priority is to handle the legal complexities for you.
Let the team of personal injury attorneys at Caddell Reynolds Law Firm ensure your rights are protected and pursue the full compensation available under the law. For a comprehensive and free evaluation of your case, call us today at (479) 782-5297.