Are Drivers At Fault for Open Car Door Motorcycle Accidents?

Yes, in most cases, drivers or passengers who open car doors into the path of motorcyclists are at fault under Missouri law. Missouri prohibits anyone from opening a vehicle door on the side available to moving traffic unless and until it is reasonably safe to do so. This means the person opening the door has a legal duty to check for approaching motorcyclists, bicyclists, and other traffic before opening the door.

Like Missouri, Kansas has an ‘open door’ statute requiring a person not to open a vehicle door on the traffic side unless it is reasonably safe to do so.

“Dooring” accidents happen when a motorcyclist hits a car door that opens suddenly or swerves to avoid one, often leading to serious injuries. According to the National Highway Traffic Safety Administration (NHTSA), 6,335 riders died in crashes in 2023 – the highest number since 1975 – so knowing your rights after a dooring accident is critically important for Kansas City riders.

What is a dooring accident?

A dooring accident is when someone in a parked car opens the door into the path of a motorcyclist. The rider might hit the door, get thrown from their bike, or even swerve and crash into something else. Since bikers don’t have the protection of a car, these crashes often cause life-changing injuries, even at low speeds.

The ‘door zone’ is a commonly used safety term describing the area near parked cars where opening doors can strike passing riders. Motorcyclists riding near parked cars on Kansas City streets, such as the Country Club Plaza, Westport, or downtown, are particularly at risk.

Missouri’s open door law: Duties for drivers and passengers

Missouri law places clear responsibility on anyone exiting a vehicle. RSMo § 300.340 states: “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, nor shall any person leave a door open on the side of a motor vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.”

The law establishes a duty of care requiring both drivers and passengers to:

• Thoroughly check the side and rear-view mirrors before opening a door
• Look behind them for approaching motorcycles, bicycles, and other traffic
• Wait until it’s reasonably safe before opening their door
• Close the door promptly after exiting their vehicle

Who is at fault under Missouri’s open door law?

If someone breaks the law and causes a dooring accident, they may be responsible for the rider’s medical bills, lost wages, pain and suffering, and other damages.

Common causes of open car door motorcycle accidents

Motorcycle dooring accidents often happen in everyday situations that many drivers overlook.

Failure to look

This is the most common cause. Drivers and passengers often check for cars, but miss motorcyclists, which are smaller and harder to spot. This lack of attention is particularly risky because, according to the NHTSA, bikers are already 28 times more likely to die in a crash than people in cars.

Illegally parked vehicles

Drivers who park in traffic lanes, block driveways, or stop in no-parking zones are often in a hurry to leave before getting a ticket. This rush can make them skip safety checks before opening their doors.

Distracted passengers

Passengers, including those getting out of Uber or Lyft cars, might not realize they should check for traffic before opening the door. Missouri law can hold drivers as well as passengers responsible.

Poor visibility conditions

Rain, fog, darkness, or glare can make it harder to see motorcyclists coming. Still, poor visibility doesn’t excuse a driver from checking before opening the door. They should wait until they can see traffic clearly.

Right-hand maneuvers

Bikers getting ready to turn right have to move toward the right side of the lane, which puts them close to parked cars. Drivers leaving parked cars near intersections and driveways need to be extra careful.

Common injuries from motorcycle dooring accidents

Even at low speeds, dooring accidents can cause serious injuries to motorcyclists, who don’t have the protection of a car:

• Traumatic brain injuries. Even with a helmet, the sudden impact can cause concussions, contusions, or more severe brain damage.
• Spinal cord injuries. Being thrown from a motorcycle can result in paralysis or other permanent disabilities.
• Broken bones and fractures. Arms, legs, ribs, and collarbones are commonly fractured.
• Road rash and skin injuries. Contact with pavement can cause severe abrasions that may require skin grafts.
• Internal organ damage. Impact with the door or ground can cause internal bleeding and organ injuries.
• Wrongful death. In the most tragic cases, dooring accidents can be fatal.

Can the motorcyclist share fault in a dooring accident?

Missouri follows a pure comparative fault system. Under this system, the rider’s compensation is reduced by their percentage of fault. Still, they can recover damages even if partially responsible.

The court evaluates a number of factors that might contribute to shared fault:

• Excessive speed that reduced reaction time
• Riding too close to parked vehicles when safer alternatives existed
• Distracted riding (looking at their phone, not paying attention to the road, etc.)
• Lane splitting, which is not expressly permitted under Missouri law

However, insurance companies often try to blame motorcyclists unfairly. Just because a rider hit the vehicle doesn’t mean they’re at fault. If the driver violated RSMo § 300.340 by opening their door without checking for traffic, the driver will probably be found mainly responsible for the accident.

Frequently asked questions about motorcycle dooring accidents

What should I do immediately after a dooring accident?

If you can, move to a safe place and call 911. After, take photos of the scene, get contact information from witnesses and the person who opened the door, and see a doctor. Even if you feel okay, seek medical attention since some injuries are not so obvious right away. Lastly, contact a motorcycle accident attorney before talking to insurance companies.

Can I sue a passenger who opened the door, not just the driver?

Yes. Missouri’s open door law applies to any person who opens a vehicle door: driver or passenger. Both have a duty to check for approaching traffic before opening a door on the traffic side of the vehicle.

What if I swerved to avoid the door and hit another vehicle?

The person who opened the door can still be held responsible for creating the danger that made you swerve. Sometimes more than one person may share responsibility, depending on exactly what happened.

How long do I have to file a dooring accident claim in Missouri?

Per RSMo § 516.120, you have five years to file a personal injury claim. Per RSMo § 537.100, families have three years to file a wrongful death claim. However, evidence can disappear quickly, so it’s important to start legal proceedings as soon as possible.

Injured in a motorcycle dooring accident in Kansas City?

Motorcyclists are often blamed for accidents just because they hit another vehicle, even when it’s not their fault. Don’t let insurance companies downplay your claim.

Kansas City Accident Injury Attorneys understand the challenges bikers face and know how to hold negligent drivers responsible. Reach out to us online to set up a free consultation. We help clients across Kansas and Missouri, with offices in Lee’s Summit, St. Joseph, Parkville, Overland Park, and Olathe.