QUESTION
Who is at fault if a vehicle collides with an opening door of a parked car? How?
Asked on Sep 16th, 2015 on Personal Injury - Michigan
More details to this question:
Who is at fault if a vehicle collides with an opening door of a parked car?
7 ANSWERS
That depends upon the facts, which you do not provide us. ?An occupant of a parked vehicle is not allowed to open a door unless it is reasonably safe to do so. If the occupant could have seen on coming traffic was too close to the car door for it to be safely opened, they are at fault. ?If the approaching vehicle was driving too far over in the lane, its driver would have some fault, or if he saw the door being opened and knew there might be a collision but did nothing reasonable to prevent it.
Answered on Sep 16th, 2015 at 7:59 PM
James Eugene Hasser
It depends on the facts. You haven't given enough info. There could be fault on one or both sides. Good luck.
Answered on Sep 16th, 2015 at 7:01 PM
Auto Attorney serving Bloomfield Hills, MI
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Gregory M. Janks, P.C.
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There is no "rule" re: this, it depends on what the evidence/testimony shows about who did what and when (ie: who was negligent). If the car door was open, visible and had been open long enough that the other driver should have seen it and avoided it, it is probably their fault. However, if the door was opened just as the driver was passing the car and they didn't have time to observe or react, then it is probably the door openers fault. Of course, it could be somewhere in between as well - it depends on what facts are shown.
Answered on Sep 16th, 2015 at 4:28 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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Every accident rests on its own facts, and they vary immensely. Still, it appears that the driver who strikes the opened door is more at fault, since he is obliged to keep a watch out for obstacles all around his moving car. No doubt the driver who opened the driver side door into oncoming traffic bears some part of the negligence, but I think it is probably less than that of the dirver of the moving vehicle.
Answered on Sep 16th, 2015 at 4:04 PM
Edwin K. Niles
Cal. Vehicle Code puts the burden on the person opening the door to do so safely.
Answered on Sep 16th, 2015 at 3:42 PM
Ronald A. Steinberg
Most likely, the guy who opened the door without looking.
Answered on Sep 16th, 2015 at 2:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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A bit hard to tell without additional details. Generally the moving vehicle and its driver would be at fault but, that is not universally true depending upon the details.
Answered on Sep 16th, 2015 at 2:24 PM