The party who acted negligently is at fault when an open car door is hit. Negligence is any behavior that falls outside of what a reasonably prudent person would do under similar circumstances, per the Legal Information Institute (LII).
You can recover compensation for your medical bills, lost wages, and pain and suffering if you can prove that the other party was primarily negligent in causing the crash.
How to Prove Fault in an Open-Door Car Accident?
To recover damages, our team provides a host of legal services at no upfront cost. We collect payment for our services from your final settlement or court award. Our goal is to prove that you were hurt and suffered losses because another party acted negligently.
We Can Collect Evidence of the Crash
Your lawyer will investigate the crash to collect evidence, such as:
- Photographs
- Videos
- CCTV footage
- Police reports
- Medical records
- Receipts and financial records
- Witness statements
Any evidence you can gather on your own can also be helpful as you pursue compensation. If you can, take pictures and videos of the crash site, your vehicle, the other vehicles involved, and your injuries.
We will Determine the Cause of Your Accident
We can use the evidence we find to prove that the other driver was engaging in risky behaviors, such as:
- Drunk driving
- Drug-impaired driving
- Drowsy driving
- Distracted driving
- Aggressive driving
You could be entitled to compensation regardless of how another party’s negligence caused your accident.
We Can Prove the Four Elements of Negligence
Your lawyer will work to build the best possible case with the evidence they find. To recover damages, you must assert:
- The other party owed you a duty of care.
- They breached this duty by behaving carelessly or recklessly.
- This breach caused the accident.
- The accident caused your injuries and damages.
We Can Determine Your Percentage of Fault
The amount of fault you carry for the accident will impact the amount of damages you can recover. This is because of Georgia’s contributory negligence statute, which holds that parties who contribute to accidents may still recover compensation if their contribution is less than 50 percent, per OCGA §51-12-33.
An attorney can help you determine if you can still recover compensation even if you are partly at fault.
We Can Negotiate a Settlement
Using evidence, we can negotiate with the liable insurer for a fair settlement. If it refuses to pay your claim, we can file a lawsuit.
For a free legal consultation, call 404-214-2001
What Types of Damages Can You Recover Through a Claim or Lawsuit?
If you can prove that another party was at fault when a car door was hit, you could recoup the following:
Economic Damages
Economic damages cover your past and future financial losses. These damages include things like:
- Medical bills
- Medication costs
- Out-of-pocket expenses
- Lost wages, bonuses, and tips
- Lost earning potential
- Property damage expenses (such as vehicle repair costs, etc.)
If your injury has impaired your ability to work, you can recover compensation for any harm to your income.
Additionally, if your injury requires ongoing medical care like physical therapy, psychological services, or follow-up treatments, then you can recover money for these losses as well.
If you lost someone you love to an open-door car accident, you can also recover economic damages for their medical bills, lost future earnings, and burial costs.
Non-Economic Damages
When you are injured in a car accident, you lose more than just your health and your money—you can also lose the ability to go through your day-to-day life without pain or inconvenience.
This is where non-economic damages come in. You can recover non-economic damages for intangible losses such as physical pain, mental and emotional suffering, and your loss of enjoyment of life.
If you lost a loved one in an accident, you can recover non-economic damages as well. You may be able to recover compensation for your late loved one’s pain and suffering, as well as your own.
You Have a Limited Time to Act
Georgia has a two-year statute of limitations on bringing an injury lawsuit, per OCGA §9-3-33. By getting legal help, you can protect your legal rights and ability to file a lawsuit. By failing to get legal help, you run the risk of having the statute expire on your case, leaving you with few (if any) options.
Not only can our team work to file your case on time, but we can also determine if any exceptions apply to your situation.
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Connect with Kaine Law
Since your time is limited, act now by calling Kaine Law. We offer free case reviews, so there is no risk in reaching out to discuss who is at fault when an open car door is hit. Let our team help you and your family today.
Call or text 404-214-2001 or complete a Free Case Evaluation form
