Watch out for those doors!
I received a call from a startled friend, who told me he was just involved in a motor vehicle accident. He parked his car on the street, against the sidewalk, in a tight alley, and just before he exited his car, another car collided with his open door. The damage to both cars was moderate. My friend exchanged insurance information with the other driver involved in the incident. He knew I would have the answers about fault and liability, so he called me for advice. I quickly updated him with who is at fault when it comes to open car door accidents and assured him that his insurer carrier will take care of the situation.
Law
In California, like in the majority of states, the question of fault when someone opens a door of a parked car and causes damage hinges on the state’s vehicle code and principles of negligence. According to California Vehicle Code Section 22517, it is illegal to open a car door on the side available to moving traffic unless it is safe to do so and can be done without interfering with other traffic.
Determining Fault
When an accident occurs because someone opened a car door, the person who opened the door is typically at fault. This is because they have a duty to ensure that opening the door does not endanger others. Here are some scenarios and how fault might be determined:
- Cyclist Hit by an Open Door: If a cyclist is hit by a suddenly opened door, the person who opened the door is usually at fault. Cyclists have the right to use the road, and opening a door into their path violates the vehicle code.
- Car Collides with Open Door: If another car hits an open door, the driver who opened the door without checking for traffic is generally at fault. However, if the other driver was speeding or driving recklessly, they might share some fault.
- Pedestrian Injured by Open Door: Pedestrians have the right of way on sidewalks and crosswalks. If a door is opened into their path and they are injured, the person who opened the door is likely at fault.
Comparative Negligence
California follows the doctrine of comparative negligence, meaning that fault can be shared between parties based on their level of responsibility for the accident. For example, if a driver opens a door without looking, but the other party was also not paying attention, both could be found partially at fault. The compensation each party receives would be reduced by their percentage of fault.
Lesson
Next time you park your car on the street, make sure it is safe to open the door. California law is clear that opening a door into traffic without checking can cause harm and that the person responsible for the door must exercise caution. If you find yourself in such a situation, understanding these laws can help determine liability and protect your rights. Provided you are following the law and driving with motor vehicle insurance, your insurer will sort out all the details.
*The information provided on this page is for informational purposes only and does not constitute legal advice. We make no representations or warranties about the accuracy or completeness of the content. For personalized legal advice, please consult a qualified attorney. Use of this information does not create an attorney-client relationship.
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