Liability for a dooring crash generally rests with the person who opened the door into the motorcyclist’s path. Georgia has a specific statute governing when a vehicle door may be opened toward moving traffic.
The door-opening statute
O.C.G.A. § 40-6-243 prohibits opening a vehicle door on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with traffic. The same statute bars leaving a door open longer than necessary to load or unload. Whoever opens the door, whether the driver or a passenger, carries the duty to check for approaching traffic, including motorcycles, before doing so.
Negligence per se and its effect
Violating a safety statute that causes a crash can establish negligence per se, meaning the door-opener is presumed negligent when the violation produced the collision. A rider who strikes an opened door, or who lays the bike down or swerves into traffic to avoid it, can point to that violation as the basis of the claim. The presumption ties the fault question directly to the statutory breach.
How fault can still be divided
Comparative negligence under O.C.G.A. § 51-12-33 still applies, so a rider’s own conduct can reduce the recovery. Excessive speed, riding too close to a row of parked cars, or operating without required lights could shift a percentage onto the motorcyclist if that conduct contributed to the crash. Recovery is barred only if the rider’s share reaches 50 percent. In most dooring cases the larger share stays with the person who opened the door, because the statute placed the duty to check on them.