A simple car accident striking an open door parked by the curb.

[Kaieye]

Car A moving about 5-10 mphs per hour trying to go around a parked car with both doors front and back opened to moving traffic.

Car A strikes the open door at the same time passenger is trying to get out (into traffic). Passenger claims that Car A should have stopped and wait for the occupants leave the car(in front of a hotel).

Car A says that the door should not be opened to traffic unless it is safe to do so.

I side with Car A but I want your opinion. I have always thought that cars entering traffic or opening doors to moving traffic do not have the right of way. I was always told that one should always look out over their shoulder so you do not open the door in front of a moving vehicle.

Who's fault would the insurance companies side with?

 

[conehead433]

I think California has some pretty strict laws regarding pedestrians that probably includes protecting people getting out of parked cars. Pretty sure that Car A would be at fault here.

 

[johnjbruin]

I think insurance companies will go with the person who's door got hit. By go with - I mean Car A is at fault.

Don't they always say that the person behind you is at fault. They will also say, car A could have stopped.

 

[imported_DocHolliday]

they are both car A! HOW CAN I CHOOOOOSEE?!?! *head splodes*

 

[BoomerD]

IF the door was opened while car A was going by, then the ones who opened the door are at fault...IF the door was already open, and car A drove past it and struck the door, then Car A is at fault.

 

[PaNsyBoy8]

the car that got hit is at fault.

someone i know got his car door ran into by someone when he opened the door. it was his fault.

 

[Minerva]

If someone cannot stop in time from 5-10 mph perhaps they should have their reflexes checked.

Generally cars moving have the right of way. Usually that is different on lots and in garages. People driving through parking lots at 30 mph that cannot stop to yield to someone backing out of a spot are tards and should be beat repeatedly with a frozen turkey.

 

[mugs]

If the doors were already open and Car A hit one of them, the driver of Car A is a moron.

 

[Fern]

Originally posted by: DocHolliday
they are both car A! HOW CAN I CHOOOOOSEE?!?! *head splodes*

Re-read it. Car A is the one striking the door of the parked car. The parked car is just never called Car B.

Fern

 

[Vic]

I believe the parked car is at fault. Your car doors should not be open unless it is safe to do so.

 

[giantpinkbunnyhead]

I say put them both at fault. Car A for not giving enough room to clear an opened car door, and car B for opening their doors into traffic.

Car A and Car B are both morons.

 

[amicold]

Originally posted by: giantpinkbunnyhead
I say put them both at fault. Car A for not giving enough room to clear an opened car door, and car B for opening their doors into traffic.

Car A and Car B are both morons.

Usually 9/10 times there isnt room to allow an open door.

 

[Deeko]

id go with B at fault

 

[imported_cheapdude]

Its pretty much alwasy the moving car's fault unless they stop dead in the middle of a highway.

 

[DarkKnight69]

Originally posted by: Kaieye
Car A moving about 5-10 mphs per hour trying to go around a parked car with both doors front and back opened to moving traffic.

Car A strikes the open door at the same time passenger is trying to get out (into traffic). Passenger claims that Car A should have stopped and wait for the occupants leave the car(in front of a hotel).

Car A says that the door should not be opened to traffic unless it is safe to do so.

I side with Car A but I want your opinion. I have always thought that cars entering traffic or opening doors to moving traffic do not have the right of way. I was always told that one should always look out over their shoulder so you do not open the door in front of a moving vehicle.

Who's fault would the insurance companies side with?

There is no car B.

Here in alberta, it would be the person opening the door on the curb's fault as they are opening the door at a time it is unsafe to do so. It is your resposibility to check for opening door, same as if u turn into someones lane and they hit you...You didnt look causing an accident.

 

[Scarpozzi]

Car A?

 

[olds]

The driver is responsible to be sure the area is safe before opening the door.
/thread

 

[Thorny]

In my state, the parked car would be at fault. When they open thier door into the street they are encroaching into the moving traffics lane. I suppose if the door had been open for an extended period of time where oncoming traffic had plenty of time to react it would be different, but unless you have witnesses or video it's your word against thiers.

I was with my mother several years ago and had this happen. Some old lady opened her door without looking when we were parking next to them and got her door clipped. The police AND insurance sided with my mother saying the moving traffic had the right of way, and the fact that the old woman opened her door into our lane put her at fault.

 

[mdcrab]

Car B

 

[d3n]

Heres my take:

If the car was parked illegally then it is automatically at fault.

If the door of the parked car makes an incursion into another lane then the parked car is at fault.

If Car A was speeding and has a citation issued, Car A is at fault.

If Car A was speeding and does not have a citation issued, then its all on the parked car.

If any part of ether car impedes the path of a taxing aircraft that constitutes a runway incursion and both cars are at fault.

 

[Kaieye]

Car A was not speeding nor a citation was issued. There was only a single car lane on this street going up and down where the accident occured.

 

[olds]

http://www.dmv.ca.gov/pubs/vctop/d11/vc22517.htm

Opening and Closing Doors
22517. No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

 

[mugs]

Originally posted by: Kaieye
Car A was not speeding nor a citation was issued. There was only a single car lane on this street going up and down where the accident occured.

Sounds like it's up to the insurance companies to decide who pays what.

I'm curious though - how did you manage to hit the door? Were you distracted? Blind in one eye?

 

[Kaieye]

Originally posted by: oldsmoboat
http://www.dmv.ca.gov/pubs/vctop/d11/vc22517.htm

Opening and Closing Doors
22517. No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

This was what I was looking for! Thanks for finding this info for me.

Kaieye

 

[zerocool84]

Originally posted by: Kaieye

Originally posted by: oldsmoboat
http://www.dmv.ca.gov/pubs/vctop/d11/vc22517.htm

Opening and Closing Doors
22517. No person shall open the door of a vehicle on the side available to moving traffic unless it is reasonably safe to do so and can be done without interfering with the movement of such traffic, nor shall any person leave a door open upon the side of a vehicle available to moving traffic for a period of time longer than necessary to load or unload passengers.

This was what I was looking for! Thanks for finding this info for me.

Kaieye

/thread