If you open your car door and another vehicle hits it, whose fault is it?

Question

I live in Saskatchewan, Canada if that helps. I figured it may differ by jurisdiction.

Answer 1

The person who opened the door is at fault. The reasoning is that it is much easier to quickly close a door to avoid collision than it is to stop a moving vehicle. Opening a door in front of a moving vehicle is complete carelessness on the part of the person who did it. I believe that regardless of jurisdiction, the law is pretty uniform on this.

Answer 2

it is your fault because you didn't see the mirror before you open the car door.

Answer 3

That would depend on a lot of things.  If your door was clearly open and they didn't see it, it would be their fault.  But if you swung the door open at the last minute it might be your fault.

Answer 4

Sorry, you did not use 'due caution' when entering traffic (with the door). Yes, it may differ. Call your insurance company.

Answer 5

Yours, because you did not make sure it was safe to open the door and whether the way was clear.

Answer 6

it's both their faults..

because the person should not have opened their door and someone should have not hit it or tried to not to...

Answer 7

Whether you are attempting to merge into a traffic lane or whether you simply open your door into a traffic lane........Should your vehicle be struck in doing so, it is the sole fault of the driver who is entering traffic or opening the door of the vehicle.

While it is ALSO the responsibility of the other drivers to watch for such hazards, unfortunately, a vehicle that is struck while attempting to enter traffic or gets a door struck is because there was little if any warning that such a thing was going to happen and usually happens while the approaching vehicle was too close to avoid such an impact.

Answer 8

In my opinion its the driveer,( who hit the car)  he shuold be watching for that, as if your on a side street. Your the pedestrain! you have the right away :P

Answer 9

You are at fold.

It is often hard to see if anyone is in the car and wether or not the door wil open. So always look before opening.

Also look before getting out, next time it will be you and not the door that gets hit!

Answer 10

It is your fault. Here is the specific law covering that violation in the state of Ohio, 4511.70(C) is what you are talking about.

4511.70 Obstructing view and control of driver - opening door into moving traffic.

(A) No person shall drive a vehicle or trackless trolley when it is so loaded, or when there are in the front seat such number of persons, as to obstruct the view of the driver to the front or sides of the vehicle or to interfere with the driver’s control over the driving mechanism of the vehicle.

(B) No passenger in a vehicle or trackless trolley shall ride in such position as to interfere with the driver’s view ahead or to the sides, or to interfere with the driver’s control over the driving mechanism of the vehicle.

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

(D) Except as otherwise provided in this division, whoever violates this section is guilty of a minor misdemeanor. If, within one year of the offense, the offender previously has been convicted of or pleaded guilty to one predicate motor vehicle or traffic offense, whoever violates this section is guilty of a misdemeanor of the fourth degree. If, within one year of the offense, the offender previously has been convicted of two or more predicate motor vehicle or traffic offenses, whoever violates this section is guilty of a misdemeanor of the third degree.

Effective Date: 01-01-2004

If you want to look it up for your self go to this site: http://codes.ohio.gov/orc/4511.70  

I'm sure other state and provinces have similar laws.