I was driving along a road at night between 10-11 PM, and the next thing I knew I heard a loud boom so I stopped the car immediately and looked over and saw that my passenger side side-view mirror had been knocked off. I looked back and saw that I had hit a car door. I got out of my car and checked the damage: the side-view mirror was knocked off and there was a light scratch (barely noticeable and I could actually rub some of it off) along the length of the front and back passenger doors. The front passenger door handle was also knocked off. My friend who was in the passenger side told me she saw that the door that I had hit was wide open the entire time. I went and exchanged information with them and looked at their door (the second door on the driver's side, not the driver's door) and the outside edge was knicked. Probably around 2-3 inches.
I was wondering who is at fault? This was a pretty busy, 2-way road with lots of cars going back and forth. Is it their fault for having their
2007-02-23 16:27:56 · 12 answers · asked by BobBob 2 in Cars & Transportation ➔ Insurance & Registration
I never saw them open the door, so I'm not sure if the door was opened the entire time or if they opened it as I was passying by. But in any case, if the door was opened the entire time and my sideview mirror hit the door, would it be my fault or theirs? What if they opened it as I was passing by? Thanks for any information and help.
2007-02-23 16:45:58 · update #1
My friend now tells me she didn't see the door until the last moments before impact. This tells me they opened the door into mine.
Setting that aside, they say they had their door opened the entire time. Looking at my sideview mirror, I can see where the point of impact is because there is a little hole there. It's about an inch away from the outside edge of the mirror. This means their door hit my sideview mirror an inch away from the edge when it was fully wide opened, then somehow, their wide opened door was able to scrape along the front passenger door, take out the handle, put a dent near the end of the front passenger door, and finish scraping along the rear passenger door.
I'm no expert, but this tells me their door was not fully opened and was only partially opened. My sideview mirror hit their partially opened door, and the force opened their door further into my car, allowing it to scrape along it and take out the handle also. There is no damage to the front of my car.
2007-02-24 04:33:50 · update #2
Based upon what you've written....you're at fault. The other car is stationary, a door partially open. YOU have the duty to see it & avoid it; your passenger has no duty to tell you "watch out." The other guy obviously had their door open long before you came along and hit it.
2007-02-24 06:37:23 · answer #1 · answered by bundysmom 6 · 0⤊ 0⤋
If that is been open for a at an analogous time as, then that's the bicycle proprietor. besides the incontrovertible fact that, basically approximately all cyclists does no longer run right into a door that's been open for a at an analogous time as. human beings have a tendency to no longer run into issues that they could see and have a lot of time to react to. If that is opened on the final 2nd and the bicycle proprietor would not have sufficient time to give up to keep away from the collision, then that's the fault of the motorist. this could be a reasonably straight forward variety of collision. In maximum jurisdictions, that's illegitimate to open a door onto the realm attainable to site visitors without making specific that that is sparkling first. In different words, just about all of those motorbike into opened door collisions are legally as nicely as morally the fault of the motorist.
2016-09-29 13:20:42 · answer #2 · answered by lieser 4 · 0⤊ 0⤋
There are "standards of fault" for accidents - one of them, involving a car door, pretty much assigns fault to the vehicle with the door open.
It doesn't matter if they were opening the door, closing the door, or leaving it wide open for three hours while unloading groceries. They're at fault.
2007-02-25 16:02:44 · answer #3 · answered by Anonymous 7 · 0⤊ 0⤋
The driver parked who opened their door into traffic. I had the same thing happen tome on a 4 lane highway . The driver of the parked car said to the police officer that I could have swerved and missed hin. The officer said I had no requirement to swerve and miss his mistake as I could have swerved and hit another car and forced it over into oncoming traffic
2007-02-23 16:39:17 · answer #4 · answered by Anonymous · 0⤊ 0⤋
they are at fault most likely cause they needed to look for traffic before opening there door i had some guy yell at me for running overthe drywall that fell off his truck and put a small dent in my hood i repaired the hood on the spot but his drywall wasnt that fixable he wanted me to pay the 400 dollars for it and the cop said that i wasnt responable and he got a ticket for 900 for failing to properly secure a load lol so he had to pay out 1300 for not securing 12 sheets of drywall ;-p
2007-02-23 17:02:04 · answer #5 · answered by Anonymous · 0⤊ 0⤋
When a person is getting out of their vehicle, it is their responsibility to make sure the coast is clear and to get out in a timely fashion. If the trafic is too busy, then get out the passenger door.
2007-02-23 16:40:13 · answer #6 · answered by srena 5 · 0⤊ 0⤋
In most places it is illegal to open a car door if traffic is approaching on the roadway.
2007-02-23 16:37:02 · answer #7 · answered by Anonymous · 0⤊ 0⤋
The one driving the car that hit the other parked car is at fault
2007-02-23 16:30:44 · answer #8 · answered by twysty 5 · 1⤊ 1⤋
They were. Your not supposed to open car doors in traffic lanes.
2007-02-23 16:37:49 · answer #9 · answered by Anonymous · 0⤊ 0⤋
Its the other guys fault.
2007-02-23 18:00:13 · answer #10 · answered by Anonymous · 0⤊ 0⤋