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+--- Thread: Who is at fault if you take out somebodys car door. (/showthread.php?tid=14218)
Who is at fault if you take out somebodys car door. - BabyBusa - 07-01-2010
This is a what if question. I have not hit a car door, but these days it's coming pretty bloody close!!!
Here's the question. If you are driving along a road, and a driver in a parked car opens their door suddenly in front of you and you take it out, who is at fault.
I would think that the law would favour the parked car, because they are parked. However there is the argument that the driver in the parked car should not have opened their door into traffic without ascertaining that it was safe to do so.
So who is at fault.
RE: Who is at fault if you take out somebodys car door. - fasterfaster - 07-01-2010
Providing your not passing on the left of a vehicle illegally then the car driver is at fault.
RE: Who is at fault if you take out somebodys car door. - Xhiler8r - 07-01-2010
mate i got hit while leaving a parked spot on the side of the road a few yrs ago the cops told me that i was at fault cause a person parked should be wary of on going traffic and the car that was going was not at fault so the answer in queensland is the parked car is in the wrong
RE: Who is at fault if you take out somebodys car door. - CeeJay07 - 07-01-2010
That answer could go either way. One argument is that the car driver should 've checked before throwing the door open. The other argument is that it is your duty to avoid everything that comes in your path (my old man hit a woman who stepped out onto the road from between parked cars on a rainy night, the old man locked up, slid into her at about 20km/h, and he got charged neg. driving). this was about 20 years ago, but it sticks in my head - the judge told him " it's your duty as the driver of a motor vehicle to avoid everything that comes in your path". No jokes about coming on a path please Bazman.
RE: Who is at fault if you take out somebodys car door. - [UNIT] - 07-01-2010
I'm sure it's the parked car. Should open their eyes before encroaching on the road
RE: Who is at fault if you take out somebodys car door. - simmo - 07-01-2010
I hit one years ago they were parked & was at fault,
RE: Who is at fault if you take out somebodys car door. - ROD - 07-01-2010
(07-01-2010, 07:41pm)simmo Wrote: I hit one years ago they were parked & was at fault,
was that with a car or your fist
RE: Who is at fault if you take out somebodys car door. - abusa - 08-01-2010
Pedestrians always have right away, unlike vehicles. If a drunk fell in your path and you killed him or her, you would most likely be charged with Involuntary Manslaughter.
RE: Who is at fault if you take out somebodys car door. - 2wheelfreak - 08-01-2010
If a parked car opens their door into you as you're travelling along the road doing everything correctly they are at fault.
If a pedestrian walks out in front of you, even or especially if they are drunk & they are found to contribute to their own demise they are at fault!
Pedestrians only have right of way on a marked pedestrian crossing.
If it was the other way around then who would want to drive on our already archaic road systems!
Mind you, being in the right if some dick opens a car door into you & sends you over the bars will be only a small consilation.
RE: Who is at fault if you take out somebodys car door. - BabyBusa - 08-01-2010
The question was posed not from the view of hitting the car door with a bike, but from the point of view of hitting the door (or taking the door off
) with our 4wd Patrol
RE: Who is at fault if you take out somebodys car door. - 2wheelfreak - 08-01-2010
Ahhh, well in that case it is still the fault of the person throwing the door open in the parked car. It is their responsibility to make sure the coast is clear so to speak. All you'll end up with is a mark on the bull bar.
RE: Who is at fault if you take out somebodys car door. - BabyBusa - 09-01-2010
(08-01-2010, 10:35pm)2wheelfreak Wrote: Ahhh, well in that case it is still the fault of the person throwing the door open in the parked car. It is their responsibility to make sure the coast is clear so to speak. All you'll end up with is a mark on the bull bar.
Or a car door