Legally (not morally), who is at fault? If I'm in a parallel parked car, and swing my driver's side door open. A car driving along side couldn't dodge out of the way fast enough and crushes my door. Who is at fault? Hypothetically.
Thanks
2007-03-15 15:20:59 · 12 answers · asked by stooker 2 in Politics & Government ➔ Law & Ethics
The rules of the road say that you have to yield to the car with the right-of-way.
Simply put, you are the first person to know that you will be swinging open your door while traffic is approaching, not the driver that happens to hit your door. So its your obligation to use due care. Due care means looking before you open the door.
If you just open your door and get whacked. Your bad!
If the other driver sues you, they will sue for negligence because you owed a duty not to open the door when you knew traffic was heading towards you. You failed in your duty and as a result their car was damaged and the other driver may have possibly been injured.
I hope you have a good auto insurance policy with a low deductible.
2007-03-15 15:35:41 · answer #1 · answered by krollohare2 7 · 0⤊ 0⤋
The concept is called negligence. If this actually went to court (assuming no insurance is involved) the court would have to determine who was negligent depending on the facts.
In some states, there is something called comparative negligence - which basically assigns an amount of fault to both parties involved where appropriate. So, depending on the situation, both parties could be at fault to some degree.
2007-03-15 18:04:33 · answer #2 · answered by EthanHunt 3 · 0⤊ 0⤋
reckoning on the place the wear is an coverage adjuster ought to objective to argue which got here first, your open door or the vehicle employing down the line. and not employing a witness it may be fairly much impossible to coach that the different driving force crossed into the parking section to hit your vehicle door, the shifting motor vehicle has suitable of way and because your door grow to be ajar it is your accountability to maintain it out of how of shifting site visitors. long & short, I trust the 1st poster, you're at fault. i grow to be an coverage adjuster with AAA Californina for 6 years, i could have positioned you at fault.
2016-10-01 00:04:57 · answer #3 · answered by schiraldi 4 · 0⤊ 0⤋
The person who opened the door...you have to ensure it's safe enough to open a door.
2007-03-15 15:29:45 · answer #4 · answered by Anonymous · 0⤊ 0⤋
I would say it is the aprked car's fualt, because the person didnt look before he opened the door.
2007-03-15 15:29:25 · answer #5 · answered by Anonymous · 0⤊ 0⤋
No hypothetical about it, you are. You cannot open your door into oncoming traffic. Period. You are legally and morally responsible.
2007-03-15 15:25:40 · answer #6 · answered by normobrian 6 · 1⤊ 0⤋
obviously, the person who owns and opened their car door into oncoming traffic.
2007-03-15 15:29:18 · answer #7 · answered by dianee 6 · 0⤊ 0⤋
The wing-nut that didn't check for traffic before he swung open the door.....
2007-03-15 15:35:15 · answer #8 · answered by Anonymous · 0⤊ 0⤋
You are. And I aim for doors. If I can get it just right it doesn't get crushed, it goes sailing...rips that bad boy right off the hinges.
2007-03-15 15:30:59 · answer #9 · answered by Jim J 3 · 1⤊ 0⤋
You are. You should have looked first--especially if oncoming traffic had no room to avoid you.
2007-03-15 15:25:38 · answer #10 · answered by mz112ungu 4 · 1⤊ 0⤋