QUESTION
What rights do I have, as the injured driver, against the person who opened the door of the parked car?
Asked on May 21st, 2015 on Personal Injury - Wisconsin
More details to this question:
I was severely injured in the collision. The person in the parked door was negligent and caused a multi-car crash by swinging the door open right as I drove by. I hit several other cars because of it. Who is at fault if a vehicle collides with an opening door of a parked car?
7 ANSWERS
Ronald A. Steinberg
The jack*** who opened the door without looking.
Answered on May 22nd, 2015 at 9:11 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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They person who opened the car door in your path of travel is liable, this is well-established. You could be held partly liable if it can be claimed that you were traveling too fast for conditions, failed to keep a proper lookout, or were driving too close to the parked cars. Report all this to your insurance company if you have not already done so, since a multi-car collision ensued, you may end up as a defendant as well. Since you were severely injured, you need a personal injury lawyer to pursue your case against the responsible party. This is NOT a DIY job, you NEED a lawyer to have any chance of success.
Answered on May 22nd, 2015 at 7:03 AM
Normally, you should not be driving that close to a parked vehicle that you would hit a door being opened. Unless the parked car driver had reason to know a moving car would be that close [narrow roadway lanes], you would seem to be at fault.
Answered on May 21st, 2015 at 6:37 PM
James Eugene Hasser
It sounds to me like the person who opened the door is at fault and would owe you for your injuries and damages. Consider consulting an experienced injury lawyer for your options. Good luck.
Answered on May 21st, 2015 at 5:55 PM
Personal Injury Attorney serving Pasadena, CA
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Law Offices of Pius Joseph
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You have clearly a case against the parked car driver, if he/she negligently swung the door causing the chain reaction collision.
Answered on May 21st, 2015 at 5:43 PM
Edwin K. Niles
The vehicle code places the car-opener at fault. You should see a personal injury lawyer.
Answered on May 21st, 2015 at 5:41 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Generally it would be the fault of the person who opened the door without looking. But there are also many many facts and factors which might be considered e.g. were you careless in driving too close to the parking lane? Were you speeding so that you came upon the open door too suddenly for the driver to react? There may be others. In Wisconsin we have a comparative negligence law: if it reaches trial, the finder of fact will have to determine what percentage of the total negligence belongs to each party. Consult a skilled personal injury lawyer. Good Luck.
Answered on May 21st, 2015 at 5:16 PM