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Legal Help Needed: Taxi Passenger Door Incident on Park Avenue

This legal question related to Automobile accident attorneys in New York has been answered.


I had an accident when a taxi passenger opened their door suddenly. Who's at fault?

I was driving down Park Avenue last Tuesday (Sep 12th, 2023) around 3:30 pm, and as I was passing a stopped taxi, one of its passengers suddenly opened their door. I had no time to react and ended up colliding with the door. The impact caused damage to my vehicle's right side and gave me a minor wrist injury as my hand jerked from the steering wheel. I exchanged information with the taxi driver, but the passenger who opened the door seemed unsure about their responsibility. I've never been in such a situation before and am unsure about how to proceed. Which type of lawyer should I consult for this "dooring" incident? How can I find the right lawyer and what would be the estimated costs?

There was a traffic camera at the next intersection. Could that footage be of any help? Would it be wise to get my car inspected by a mechanic and get an estimate of the damage? Any guidance or insight would be greatly appreciated.

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1 week 4 days ago, Automobile accident attorneys, Atlanta

Legal Solution

The response provided below is specific to Automobile accident attorneys in the jurisdiction of New York. If the response is inadequate, please submit a detailed inquiry.

Evaluating The Dooring Incident on Park Avenue

The "dooring" incident you described has implications that touch on traffic regulations, personal injury law, and insurance claims. When a vehicle's door is opened into the path of an oncoming car, multiple parties may be held liable depending on local laws and the specific circumstances of the incident.

Relevant Statutes and Regulations:

Potential Solutions:

Firstly, you should consider reaching out to personal injury lawyers who have experience in "dooring" incidents. They can guide you on whether you can pursue a claim against the taxi company, driver, or passenger. Furthermore, retrieving the traffic camera footage from the nearby intersection may provide substantial evidence to validate your claim. You should also gather any medical records related to injuries sustained during the incident. Lastly, consult your auto insurance company, especially if you have coverage for accidents that might not be directly your fault, like "uninsured motorist" coverage.

Average Legal Fees in Park Avenue Area:

Service Average Price
Initial Consultation $150 - $300
Traffic Accident Case $1,200 - $4,000
Personal Injury Case $3,000 - $10,000
Out-of-court Settlement $800 - $2,500

Note: Prices may vary based on lawyer experience, complexity of the case, and other factors. Some lawyers operate on a contingency fee basis, especially for personal injury claims, where they receive a percentage of the settlement or court award.

Next Steps:

To ensure you're on the right path, could you provide more specific details about the incident, such as any witnesses or other relevant evidence you might have?

Let's work together to get you the justice and compensation you deserve.

Clarifications Needed:

  1. Did any witnesses offer to give statements at the scene of the accident?
  2. Were there any traffic police or officials present post the incident?
  3. Do you have comprehensive auto insurance coverage?

Q1: Who is typically at fault in "dooring" incidents?

In many jurisdictions, the person opening the door is often found at fault. However, it can vary based on local traffic laws and specific circumstances.

Q2: Can I claim compensation for my wrist injury?

Yes, if you can prove that the injury was a direct result of the accident, you might be entitled to compensation.

Q3: What if the passenger doesn't have insurance?

If the passenger lacks insurance, you can potentially file a claim against the taxi company or driver. Alternatively, your own insurance might cover such incidents.

Q4: Should I settle outside of court?

While out-of-court settlements can be quicker and less expensive, it's essential to ensure the offer covers all damages and medical expenses. Consulting a lawyer can give you a clearer picture.

Q5: How long do I have to file a lawsuit?

Time limits, known as statutes of limitations, vary by state. In many places, you have two years from the date of the accident, but always check local laws.

Impact on Auto Insurance Premiums After the Incident:

Insurance Company Premium Before Incident Premium After Incident % Increase
Geico $800/year $920/year 15%
State Farm $850/year $1,010/year 18.8%
Allstate $870/year $1,050/year 20.7%
Progressive $780/year $884/year 13.3%

It's evident that an accident, even if not at fault, can cause your premiums to rise. Allstate seems to have the highest percentage increase after the incident. Consider shopping around and comparing policies, especially if you believe the hike is unjustified. Geico and Progressive tend to have a smaller increase, making them potentially favorable options post-incident.

Note: These rates are general estimations and can be dramatically influenced by various factors, including driving history, location, and vehicle type.


This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "Legal Help Needed: Taxi Passenger Door Incident on Park Avenue" has been changed 2 months 1 week ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of New York & area of law: Automobile accident attorneys.
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Seeking the counsel of a personal injury attorney is paramount after vehicular accidents resulting in substantial injuries or necessitating long-term medical care. Engaging an adept attorney amplifies your likelihood of securing rightful compensation. Retaining a personal injury attorney immediately post-accident ensures you have an expert advocating for you - someone well-versed in the nuanced legal landscape and critical procedural rules that could profoundly influence your claim.

A lawyer's proficiency in this domain can often be gauged by their litigation success rate, meticulous pre-trial preparation, and adept negotiation prowess with opposing parties. While certain car accident scenarios may entail complexities around insurance coverage limits, seasoned attorneys might use the potential of litigation as leverage. Yet, more often than not, a skilled attorney can broker a settlement without resorting to court. Why engage a car accident attorney? Overlooking this crucial step could culminate in significant financial setbacks, particularly if either party involved in the accident lacks adequate insurance coverage, resulting in the insurance company disputing or denying the claim.

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