If stopped at a red light, your passenger opens his door to get out and a bicyclist runs into it whos fault?

Rapid Fire

If the person that opened the door is of legal age then he/she is at fault. If the person is a minor then the driver would most likely be liable for allowing the door to be opened in a driving lane.
The cyclist, however, should not have been sharing the lane with the car and must bear part of the responsibility for the accident.

chevypride0310

well seeing that your not supposed to open a door let alone get out at an intersection or stop sign then its really the passengers fault for not looking first before opening the door, but the driver can be liable because technically the driver is responsible for anything done in or with the vehicle, how was the cyclist supposed to know the passenger door was going to open while in the road

LORI

Where did he stop the car? It sounds like he was still in the driving lane. If he wasn't pulled over to the side of the road then he's at fault.
Also the person opening the door is supposed to look for cars or bicycles coming from behind. So it could be both of them (driver for not parking the car correctly, passenger for opening door without looking).

Anyway, my guess is that this is the driver and/or the passengers fault, not the bicyclist at all?

fiddegirl

Depending on where you are, it's not very likely that the driver will be held liable. Bicyclists like car drivers have to watch where they are going. By the same token, however, was your friend using a turn signal showing he was indicating where she was stopping. Were his brake signals working? Was he in a designated and marked stopping area?

dmatryxx

"sgold" is correct but the biker was also in the wrong because he passed the car instead of staying behind you and following the rules of the road. It's illegal to open your door in traffic for any reason, pull over. All 3 are at fault.

Sahara

Your passenger should exercise care in that he or she should have checked to make sure that it was ok. In MA, they want to make it a law where the person getting out the car needs to make sure that it's safe to do so.

My world - everyone needs to pay attention and take nothing for granted. The cyclist should have erred on the side of caution. The passenger should have looked first. Clearly that did not happen.

The passenger was wrong. If you are going to get out at an intersection - still in traffic - then you have to be extra careful for bicyclists. Hello. It's common sense. But accidents happen.

I hope it turns out well. I feel for the parties involved. What a tough and horrible situation.

eric

I would think the driver and passenger would be at fault. But then again, aren't bicyclists suppose to go with the traffic and not pass cars on the right side? The bicyclist should have been stopped behind cars at the red light, if going straight. If the bicyclist was planning to turn left at the intersection ahead, then they're allowed to use the crosswalk I think.

So, I think it could be the bicyclist's fault for illegal passing. They have to follow the rules of the road just like cars do. Cars can't pass on the right shoulder.

sgoldperson

Driver is at fault, you are responsible for your passengers. The Passenger is at fault, you DON'T open doors just because you are at a red light. You pull in to a parking lot to get out, even if the person is being dropped off and the driver isn't getting out.

Charity D

Was the passenger to the right of the sidewalk or the left?. I have to know that first of all.

Giovani

the bicyclist is not at fault if he was riding on the side of the road

he can go here, the passenger should not attempt to exit the car at a red light, and must wait until the car pulls into a parking spot next to the curb. And if a passenger must exit, he should look to his right before opening the door.he has acted with neglect.

the bicyclist can and will sue the car owners insurance company and win. the driver of the car is responsible BUT not in this case because there is no way to stop a passenger from exiting at his/her will.

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