Attorney: Marc L. Breakstone.
Amount of Settlement: $115,000
Injuries: Serious dental fractures
Details of the Case: In September 2011, our client was the victim of a bicycle dooring accident in Brookline, Massachusetts and suffered serious dental injuries.
Our client was traveling westbound in a bike lane on Beacon Street, when suddenly and without warning, the driver of a parked car opened the door, directly into our client’s path. The driver did not look prior to opening her car door. Our client had no time to avoid the door.
As the operator of a motor vehicle, the driver had a duty to use reasonable care in opening her car door so as to not interfere with the path of a bicyclist. G.L. c. 90, § 14 (“No person shall open a door on a motor vehicle unless it is reasonably safe to do so without interfering with the movement of other traffic, including bicyclists and pedestrians.”) The driver admitted at the scene that she had not seen our client on her bike before opening her car door.
Our client was struck with the door face first. Over the next few days, she was treated for very serious dental fractures at Newton-Wellesley Hospital, Massachusetts General Hospital and two dental offices. She later required additional treatment from an endodontics specialist.
Over the next two years, our client underwent numerous dental procedures to treat injuries from the bicycle crash. She had several teeth extracted and received implants. She required dental splints, root canals, ultrasonic file irrigation procedures and whitening. She was left with functional limitations to her front teeth, including an inability to chew tough or hard food without pain.
At the time of settlement, our client had incurred $23,000 in past medical expenses. There were also future medical expenses.