opening door into traffic accident

Hi all,

I had a accident day before yesterday and was wondering how the
liability is determined in such a case. It's in the state of PA.

I was driving on a relatively narrow street with both way traffic, and
a person opened his car door on my right to get out of his car. This
happened when I was about 10 ft before his car and I did not have
enough reaction time to break or honk or whatever. I was under speed
limit (15-20mph, limit was 25).

The other person was not eager to take the blame. And although, I am
sad for what happened, think that it was entirely his fault. But, I am
not familiar how the liability was determined in such a case.

I was thinking in terms or who should yield to whom? traffic to person
getting out of the parked car or the other way?

Any advice on this?
roror

wrote:

> Hi all,
>
> I had a accident day before yesterday and was wondering how the
> liability is determined in such a case. It's in the state of PA.
>
> I was driving on a relatively narrow street with both way traffic, and
> a person opened his car door on my right to get out of his car. This
> happened when I was about 10 ft before his car and I did not have
> enough reaction time to break or honk or whatever. I was under speed
> limit (15-20mph, limit was 25).
>
> The other person was not eager to take the blame. And although, I am
> sad for what happened, think that it was entirely his fault. But, I am
> not familiar how the liability was determined in such a case.
>
> I was thinking in terms or who should yield to whom? traffic to person
> getting out of the parked car or the other way?

I've heard of this scenario before. I understand that the guy opening the
door is to blame. It's simply absurd to expect passing traffic to
anticipate a door opening, regardless of speed limit.

FWIW I carefully inspect the door mirror before opening a car door opening
into the street.

Graham

In article .com>,
wrote:

> Hi all,
>
> I had a accident day before yesterday and was wondering how the
> liability is determined in such a case. It's in the state of PA.
>
> I was driving on a relatively narrow street with both way traffic, and
> a person opened his car door on my right to get out of his car. This
> happened when I was about 10 ft before his car and I did not have
> enough reaction time to break or honk or whatever. I was under speed
> limit (15-20mph, limit was 25).
>
> The other person was not eager to take the blame. And although, I am
> sad for what happened, think that it was entirely his fault. But, I am
> not familiar how the liability was determined in such a case.
>
> I was thinking in terms or who should yield to whom? traffic to person
> getting out of the parked car or the other way?
>
> Any advice on this?

I side with you, but some how, I don't think my opinion or anyone else's
who responds to your posting matters. What do the insurance companies
say? Was a police report filed? If so, what does the cop say who filed
the report?

> wrote in message
oups.com...
> Hi all,
>
> I had a accident day before yesterday and was wondering how the
> liability is determined in such a case. It's in the state of PA.
>
> I was driving on a relatively narrow street with both way traffic, and
> a person opened his car door on my right to get out of his car. This
> happened when I was about 10 ft before his car and I did not have
> enough reaction time to break or honk or whatever. I was under speed
> limit (15-20mph, limit was 25).
>
> The other person was not eager to take the blame. And although, I am
> sad for what happened, think that it was entirely his fault. But, I am
> not familiar how the liability was determined in such a case.
>
> I was thinking in terms or who should yield to whom? traffic to person
> getting out of the parked car or the other way?
>
> Any advice on this?
> roror
>

Not enough information. What vehicle to vehicle contact was made? If it
was me, I'd have risked a head-on with oncoming traffic. Better to head-on
another vehicle at low speed than to risk running over a person, even if
that person is stupid enough to jump out of his car in front of a moving
vehicle.

But your post isn't clear on what happened, at all. I'm assuming you took
somebody's door off, and they probably deserved it for being so stupid.
Still, that was a tough decision to make. What happened? -Dave

wrote:
> I had a accident day before yesterday and was wondering how the
> liability is determined in such a case. It's in the state of PA.

Thank you... for having enough sense to mention where on the planet the
incident occured. That's 90 points right there.

> I was driving on a relatively narrow street with both way traffic, and
> a person opened his car door on my right to get out of his car. This
> happened when I was about 10 ft before his car and I did not have
> enough reaction time to break or honk or whatever. I was under speed
> limit (15-20mph, limit was 25).

CA covers this. PA...?

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.

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

YMMV.
-----

- gpsman

> wrote in message
oups.com...
> Hi all,
>
> I had a accident day before yesterday and was wondering how the
> liability is determined in such a case. It's in the state of PA.
>
> I was driving on a relatively narrow street with both way traffic, and
> a person opened his car door on my right to get out of his car. This
> happened when I was about 10 ft before his car and I did not have
> enough reaction time to break or honk or whatever. I was under speed
> limit (15-20mph, limit was 25).
>
> The other person was not eager to take the blame. And although, I am
> sad for what happened, think that it was entirely his fault. But, I am
> not familiar how the liability was determined in such a case.
>
> I was thinking in terms or who should yield to whom? traffic to person
> getting out of the parked car or the other way?

One of the first btis of advice I ever got from my driving instructor. Look
to see if there is someone in the car, if there is assume that they *will*
open the door in front of you and drive accordingly.

In article .com>,
says...
>Hi all,
>I had a accident day before yesterday and was wondering how the
>liability is determined in such a case. It's in the state of PA.
>I was driving on a relatively narrow street with both way traffic, and
>a person opened his car door on my right to get out of his car. This
>happened when I was about 10 ft before his car and I did not have
>enough reaction time to break or honk or whatever. I was under speed
>limit (15-20mph, limit was 25).
>The other person was not eager to take the blame. And although, I am
>sad for what happened, think that it was entirely his fault. But, I am
>not familiar how the liability was determined in such a case.
>I was thinking in terms or who should yield to whom? traffic to person
>getting out of the parked car or the other way?

The person who opened the door is at fault. It is their responsibility to make
sure it is safe to do so before the door is opened. obviously it wasn't.
----------------
Alex

The front right corner of my car hit his driver side front door. There
were no passanger in either car only us drivers. Fortunately no one got
hurt--it could have been some serious injury. The other persons door
was badly damaged, bent awkwardly and we were struggling to close that
door afterwards. But, it did not come off the car. His door, damaged
the right indicator of my front, badly damaged my right fender--needs
to be replaced, took my right mirror off, dented my front right
door--repair would do, put a minor dent on rear right door.

I know finally it'll come down how much pain insurance company wants
to give me as if it's not a hassle enough already.

My insurance company, Geico, said, "from what you have said us, it's
not your fault". Ofcourse other insurance co. Nationwide, won't be so
quick to make a statement. I presume the other person is already
telling them "i was getting out my car and he took my door off!".

I called police because I didn't see we were going to resolving the
liability issue among us, plus, when both of us are in a rather bad
mood slight diagreement might lead to more arguement and heat up the
situation. But, the cop said, because no one is hurt and no one needs a
tow we'll just need to exchange insurance information and insurance co.
will handle the issue. They did not come to the scene.

I remembered to mention the state because I was looking for any legal
document for the state that clearly specifies the liability in such a
case, but, I could not find any.

His door was so much into the traffic that vehicles coming from behind
that car were stopping, honking, and going around the door in turn. I
thought this was quite strong evidence that he opened the door into the
traffic. I am cursing myself for not taking some photos of where his
car was