Doored in a Bicycle Accident in New Mexico: How To I Prove My Case?


April 8, 2021

 by Caruso Law Offices, P.C. | 

Being “Doored” in a Bicycle Accident in New Mexico: Rights and Liability Explained by Albuquerque, NM Lawyer

Riding a bicycle is great exercise. It can also be helpful for our City and State to reduce the amount of commuters on the roads. Even visiting friends or family, doing weekly shopping, and carrying out other tasks can be made much easier while on a bicycle. While the vast majority of cyclists are safe and get to their destination without issue, this is not always the case. Even if a cyclist was acting reasonably, that does not mean another person was. One of the most devastating types of bicycle accidents is a “dooring” accident. Being doored in a bicycle accident in New Mexico could have catastrophic and life-changing results.

Here at the Caruso Law Offices, P.C., our experienced bicycle accident lawyers in Albuquerque, New Mexico know just how dangerous and devastating a dooring accident can be for a cyclists. We represent those who have been catastrophically injured or wrongfully killed in any type of personal injury accident, including a dooring accident on a bike. Learn how our exercised lawyers can help protect your rights to compensation under New Mexico law during a FREE consultation.

What is a “Dooring” Accident?

A dooring accident occurs when a person opens his or her door in the path of a bicycle. This usually happens in city or municipal areas, parking lots, malls, or other areas where individuals are usually parallel parking along a roadway. A bicyclist would be traveling along the side of the parked vehicles, and if a person opens a car door to get out while a bicyclists is coming, the door present a very solid wall which a cyclists would collide with. This can result in significant personal injury or wrongful death.

Liability After Being Doored in a Bicycle Accident in New Mexico

Although it might not sound very common, being doored is a very common type of accident involving a bicyclist. Opening a door from a car is dangerous, not just to bicyclists but also to pedestrians, motorcyclists, people on scooters or skateboards, or even other motorists in cars. It is also dangerous for the person opening the door too. This includes truck drivers causing serious injury when opening a door at head-level.

New Mexico law recognizes this and the Legislature has promulgated a statute requiring motorists to use reasonable care when opening a car door. Under NM Stat. 66-7-367, the improper opening of doors makes it a misdemeanor when a person opens a door on the side of near moving traffic unless 1) it is reasonably safe to do so, and 2) the door can be opened without interfering with the movement of traffic.

If a motorist opens a door and hits a bicyclists, the violation of this statute could be used to establish liability against a defendant on the doctrine of negligence per se. This doctrine allows the plaintiff to establish liability so that he or she only has to focus on damages in their personal injury case.

Were You Involved in a Dooring Accident in New Mexico? We Can Help

If you or a loved one were doored in a bicycle accident in New Mexico, ask our experienced Albuquerque bicycle accident lawyers how we can help protect your rights to compensation under the law. We offer FREE consultations and can help establish liability against a negligent party so you can get medical bills, lost wages, and other damages paid for under New Mexico law. Learn how we can help you by dialing (505) 273-2978 for your consultation.

We handle causes throughout New Mexico, including Las Cruces, Santa Fe, Roswell, Cuervo, Rio Rancho, Clovis, Farmington, Hobbs, Albuquerque where our office is located, and anywhere else throughout New Mexico. Please call to schedule for FREE appointment by dialing (505) 273-2978 or contact us through our website’s easy to use and convenient contact box available here.

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