I ran into a car door while riding my bike. Who is at fault? Can I get the driver to pay for any damages?

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I ran into a car door while riding my bike. Who is at fault? Can I get the driver to pay for any damages?

I was in Milwaukee, WI, riding my bike like I do every day, home from work. I was riding in the bicycle lane and a woman flung open her car door, and I slammed into it and flew off my bike. I went to the emergancy room, the bill was $50. I went to the bike shop, and I fouind out that my bike was totaled and the bike costs $332. I went to work with a ‘limited duty’ doctor’s note, and was told from my boss there that the company doesn’t allow people to work limited duty, so I am to not work without pay for an entire week. I wanted to know if the accident was the woman’s fault, and if it is, what is she liable to pay? Or rather, her insurance? the bike? the medical bill? the lost wages?

Asked on April 22, 2009 under Accident Law, Wisconsin

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

One, if not both of you, was negligent at fault). as the bike rider, the issue is would a reasonable person have been going at a sufficiently slow rate of speed to be able to stop and avoid the accident. If not, would the reasonable driver have looked before opening the door. If both of you were careful it would not have happened.

It is too difficult to say who was more at fault.


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