Who's at fault for hitting an open car door?
Find answers to your legal question.
Who's at fault for hitting an open car door?
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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
Additional Details
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.
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bundysmom
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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. |
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jorge_estrella
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In most places it is illegal to open a car door if traffic is approaching on the roadway. |
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roady42
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Its the other guys fault. |
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Just Me
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They were. Your not supposed to open car doors in traffic lanes. |
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srena
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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. |
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pikago5001
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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 |
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eldoradodave
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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 |
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twysty
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The one driving the car that hit the other parked car is at fault |
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mbrcatz
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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. |
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rahul morey
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my fault |
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ate up
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whowmever is rolling is at fault |
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LIM
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My grandson (8 yrs) opened the car door in his friends driveway as he came back from a party in their car. Another family member of the friends - it was her driveway - drove into the narrow driveway and the car door clipped the wing mirror. We have now been asked to pay £100 for the repair. To me it looks 50%/50% responsibilty but they are wanting the full amount for a second hand mirror (BMW). How do I stand legally? |
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