Who's fault would this be?

[aquariaguy]

This is a hypothetical scenario, because I'm curious whos fault it would be since this ALMOST happened to me.

Alright, I was driving on Bloor, and there's parked cars on the side. Well i'm driving in the lane beside the parked cars, and this guy swung his door open, idiot doesn't look, so damn wide. I had to swerve out of the way into the other lane to avoid mashing his door into his face. Thank goodness the car in the other lane was a bit behind so I had a chance to move.

So, who's fault would it be if I hit the door? I don't understand these people, why can't they wait till all the cars pass. Do they really want to get stuck to their car door and get thrown?

I tried googling, but couldn't find anything relevant.

[gman]

This is a hypothetical scenario, because I'm curious whos fault it would be since this ALMOST happened to me.

Alright, I was driving on Bloor, and there's parked cars on the side. Well i'm driving in the lane beside the parked cars, and this guy swung his door open, idiot doesn't look, so damn wide. I had to swerve out of the way into the other lane to avoid mashing his door into his face. Thank goodness the car in the other lane was a bit behind so I had a chance to move.

So, who's fault would it be if I hit the door? I don't understand these people, why can't they wait till all the cars pass. Do they really want to get stuck to their car door and get thrown?

I tried googling, but couldn't find anything relevant.

His fault. I believe the case is even mentioned in the driver's handbook.

On the other hand, in order for you to mash his door to his face, his car is in your left side, isn't it? Or, he parked in wrong direction? Something does not sound right.

[Avant_Garde]

Similar situation happened me a few times riding my bike. Idiot opens his door then in order to dodge him I swerve to the side. Had a few close calls where I almost swerved into a moving car dodging doors.

[Hellfire]

His fault, but if you hit a car when u swerved out of the way to avoid hitting his door its your fault for hitting that car.

[laptop-tech]

I cant tell for sure, but I strongly believe that even thou he has to check before opening the door, his lapse does not give you the right to hit his car (or himself) as you also HAVE to try and predict this kind of thing.

Same applies to kids running on the street. We HAVE to check ahead, under the parked cars for "little legs" behind them. I also keep always in mind that whenever theres a ball rolling on the road, theres a kid running for it.

[aquariaguy]

His fault. I believe the case is even mentioned in the driver's handbook.

On the other hand, in order for you to mash his door to his face, his car is in your left side, isn't it? Or, he parked in wrong direction? Something does not sound right.

:confused:

I'm going down the the 2-lane road. He's parked on the right. He opens driver door and scares the beejevus out of me.

[aquariaguy]

I cant tell for sure, but I strongly believe that even thou he has to check before opening the door, his lapse does not give you the right to hit his car (or himself) as you also HAVE to try and predict this kind of thing.

Same applies to kids running on the street. We HAVE to check ahead, under the parked cars for "little legs" behind them. I also keep always in mind that whenever theres a ball rolling on the road, theres a kid running for it.

But there's tons of cars parked. You can't see ahead, if there's SUV's parked behind him, u know? Well, obviously if I see a ball rolling on the road, I'll watch out for it. But if i'm just driving 50km/hr down a busy street with a load of cars parked on the side, not only do I have to make sure I don't hit the car in my tight lane, but I don't think people are looking at each car they pass while driving. It's even worse on Yonge.

[Siefer999]

i know someone who ran into a door that swung open while riding his bike. he broke his collar bone and almost got hit by another car as he was skided to a stop in the middle of the road.

completly the door openers fault

[gman]

:confused:

I'm going down the the 2-lane road. He's parked on the right. He opens driver door and scares the beejevus out of me.

You said mash his door to his face. You can't mash his door to his face if he parked on the right and parked in the same direction your car was heading.

You can mash him to the door only. Of course, unless he was driving a funny Saturn and opened the back door, that would be different.

[gman]

I cant tell for sure, but I strongly believe that even thou he has to check before opening the door, his lapse does not give you the right to hit his car (or himself) as you also HAVE to try and predict this kind of thing.

Same applies to kids running on the street. We HAVE to check ahead, under the parked cars for "little legs" behind them. I also keep always in mind that whenever theres a ball rolling on the road, theres a kid running for it.

Well, the only thing you usually can try is to hit the brake. Sliding out may not be an option such as there is a car right beside you. Sliding out without a blind spot check (or at least make sure there is no car over there) is very bad. If he indeed hit his door, it is clearly the guy who opened the door's fault.

[midget_man]

You said mash his door to his face. You can't mash his door to his face if he parked on the right and parked in the same direction your car was heading.

You can mash him to the door only. Of course, unless he was driving a funny Saturn and opened the back door, that would be different.


I think he means rip his door off, and if his face happened to be near that door, there is a good chance his fender would do a bit of face mashing.

[aquariaguy]

You said mash his door to his face. You can't mash his door to his face if he parked on the right and parked in the same direction your car was heading.

You can mash him to the door only. Of course, unless he was driving a funny Saturn and opened the back door, that would be different.

Oh my, you're reading things into detail too much lol.
The bottom line, if he opens his door, my car will hit him, his face will mash into something. Doesn't matter if its his door, steering wheel, my car, his face will get mashe either way.

[Ham]

I can't stand it when people don't look before opening their doors when their car is parked on the side of the rode. I ride a motorcylce and this is one of my biggest concerns. The only bigger concern are the fools who try to make a left turn at an interection without properly checking first.

[TrevorK]

His fault, but if you hit a car when u swerved out of the way to avoid hitting his door its your fault for hitting that car.

This is 100% correct in Alberta, and since it seems logical I can't see it not being correct (In anywhere but Quebec :) )

[B40]

His fault...you had right of way obviously.

[nfnx]

hmm what would happen if he came out of the car and u hit him? would u get charged if he died?

[aznboi180]

pedestrian first? =)

[B40]

pedestrian first? =)

Yeah but unfortunately he's not a pedestrian.

[Party Princess]

It is the other guys fault (the one who opened the door). My significant other was in an accident last year, mind you he was on a bike, and a cab parked on the right side decided to swing his door open. He got hit by the door, flew off the bike onto the road, bike landed on him and almost got hit by oncoming traffic. We are in the process of suing the cab driver but, the lawyer says he is clearly at fault. I believe the same would be applicable if you had taken his car door off - the person parked on the right side of a busy road should be mindful of the traffic.

Since this is a hypothetical question though, I really hope that you are never put in that situation for real, it's a pain in the butt to go through the process of suing another person. :)

[gman]

hmm what would happen if he came out of the car and u hit him? would u get charged if he died?
Nope assuming you don't mean to kill him. i.e. you see him coming out and you speed up to hit him.

[FastFokker]

If the driver was negligent, there is liability.

Presuming the driver is obeying all laws, then it's the fault of the person stepping in front of the vehicle (or opening the door).

There could be liability on both parts, but likely no criminal charges would be held against the driver.. it's an accident. (presuming it was truly an accident)

[boonjaca]

Other guy's fault!! When I rode my bike eons ago, some lady just opened up her car door out of the blue and bam I hit it. It's not like I was riding really fast too but I hit her car door and almost fell off. Anyways, she was totally apologetic and it was clearly her fault!!!

[gman]

If the driver was negligent, there is liability.

Presuming the driver is obeying all laws, then it's the fault of the person stepping in front of the vehicle (or opening the door).

There could be liability on both parts, but likely no criminal charges would be held against the driver.. it's an accident. (presuming it was truly an accident)

Unless there is a witness saying something very different, it is 100% door opener's fault. The driver is not liable, period. Of course, unless someone comes out to prove that the driver does that on purpose.

[FastFokker]

Unless there is a witness saying something very different, it is 100% door opener's fault. The driver is not liable, period. Of course, unless someone comes out to prove that the driver does that on purpose.
Not even if the driver is far out of his lane, if the driver is intoxicated or under the influence of drugs, if the driver has a oversized load which struck the person/door, if the driver was on a road they should not have been (ie truck off designated truck route)..etc. :confused:

Those were the types of negligence I was inferring.. Obviously not common occurences, but there would be liability if the driver is proven to be negligent in their actions, though again that does not necessarily equate to criminal charges.

[aquariaguy]

Alright that's good to know. Damn door openers. They are so dangerous, thinking that people have to "avoid" them and hit another car. Do they really want to get hurt that bad?