will this hold up in court for a law suit?

Question

i was with a friend and he was driving his truck down a trail, i opened the door to exit the vehicle, he then put the truck in reverese, while the door was open. The door snagged a tree and ripped off. He wanted me to pay for the door but i refused, now he says he is taking me to court, will the courts take it and if they do what do you think the ruling will be?

Answer 1

vno

Answer 2

The simple answers is -- anything is possible, especially in lawsuits.

The more complex answer, without giving legal advice, is -- it depends. Dontcha hate it when people answer that way?

Think of the law like a game of rock-paper-scissors, or poker if you prefer. For any given claim or defense, there is a stronger claim or defense that beats it (and thus wins).

The bottom of the pile is negligence (being careless). Above that is being reckless (knowing there was a risk and doing it anyway). Above that is intentional action. At the top is justification (necessity, self-defense, etc.)

Take a standard negligence lawsuit. What defenses can your raise to negligence? Either (1) the other person was more careless than you (more negligent = shared responsibility), or (2) the supposed-victim knew about the risk and did it anyway
(assumption of risk, recklessness, etc.), or (3) the supposed victim acted intentionally (consent) and/or was more directly the cause of the harm (intentional intervening act).

So, in the example, ask yourself this. Was the passenger opening the door careless (negligent), reckless (known risk of harm at the time the passenger did it), or intentional (trying to harm the car)? Was the driver's action careless, reckless, or intentional?

Of course, what the court ultimately decides will be based on who has the best evidence, and who can tell the most convincing story, as well as the legal principles involved. So, it depends.

Good luck.

Answer 3

Your answer will lie in the reason behind your opening the door of a moving vehicle. If the judge feels you had reason to bail, you may be cleared but if they feel that you were reckless, you're going to pay for the door and then some.

And "Killer Boot" is right, if he was really your friend the cost of the door is less, talk to him and see if you two can work out an arrangement before it goes any further.

Answer 4

Without a witness, it is all here say. The judge would probably split the cost of repairs. If it is going to small claims then get an estimate on repairs first yourself and don't just take the drivers word for it. Find out too if the drivers insurance is just liability or full coverage if so what is the deductible and make sure the judge is aware of it.

Answer 5

That is no definition of a friend. Whats his deal? The owner of that truck already defined what was more important to him, the friendship or the door, the door. I think the judge should rule in your favor.

Answer 6

On a legal level, you probably will beat this in small claims court. If you are interested in salvaging the friendship, consider asking a mutual friend or other respected person like a minister to work out a fair solution that will let you both shake hands and put it behind you.

Answer 7

I think the ruling will be that the driver should have enough sense to not move the vehicle with a door open. I suspect if you poke around in your state's laws, you might even find a law prohibiting same.

Answer 8

the court will take any lawsuit filed in small claims court, the ruling is up to the judge. I advise u to seek an attorney or work something out with your friend

Answer 9

So what you have are those communities submitting frivolous proceedings against the President, extraordinarily those meaningless ones concerning his place of beginning, then asserting; see, seem at each and all of the proceedings.

Answer 10

its the dudes fault cuz HE was the one that put it in reverse not you. and as got to be a complete idiot if he doesnt realize that his door is open while driving

Answer 11

It is his car, and he was driving. He is 100% liable for the incident. You will have nothing to worry about.