Who would be at fault if you were to crash into a car door?

[Clarkey]

This one has been bugging me since yesterday as it nearly happened to me.

The scenario is that I'm driving down the road and I'm passing a parked car on the left, there is an oncoming car. Just as the front of my car passes the rear of the parked car, the door swings open. At the same time, the oncoming car is passing me on the right. I don't know how but I managed to avoid both cars by a very narrow margin. Another thing to note is that I never saw there was anyone in the parked car because it had tinted windows.
I hear this could go 50/50, is that right?

 

[needmorespeed]

who ever opened the door would be at fault

 

[m4cc45]

I'd be calling the police and getting them to make a judgement. If he opened the door then I can't see it going any other way than in the favour of you.



M.

 

[Banzai_Joe]

I'd agree, but i remember being told that you should be a min of 4ft from any parked cars.
Not sure how that would stand up seeing as you were busy avoiding the oncoming car, and the person obviously didn't look before opening the door.

 

[Janesy B]

I thought you had to leave enough room for a door to swing open, then again it's the person's negligence that caused the accident. I think it would be 50/50.

 

[mjt]

this happened in front of me as i was walking down the street a few years ago.

a woman opened her car door straight into the path of an OAP that was overtaking her.
it was a bit ambiguous because there was an oncoming car, but the old bugger decided to overtake the parked car and squeeze between the two.

regarding the 4ft distance, is that law? i doubt it
either way, most doors are bigger than 4ft, so you'd still clip a mirror.

if someone opens their door and you have no time to react and you 2 are the only cars involved, then i can't see how it's not the fault of the door-opener 100%
however, if you're overtaking a parked car and there's a car coming in the opposite direction, then really shouldn't you have waited for the oncoming car to pass you before pulling out?

 

[Howard]

this happened in front of me as i was walking down the street a few years ago.

a woman opened her car door straight into the path of a car that was overtaking her.
her fault 100%

I can't see how it'd go any other way. You can't be expected to leave a gap big enough for a door between EVERY parked car you pass. The congestion would be monumental

 

[Firestar_3x]

I thought you had to leave enough room for a door to swing open, then again it's the person's negligence that caused the accident. I think it would be 50/50.

You sure about that, so if your driving down a road with cars parked down the side of it, technically speaking i should be driving down the middle of the road?

Logic would dictate it should be the fault of the person carelessly opening the door, its almost the same situation as someone pulling out infront of you imho.

 

[Banzai_Joe]

I can't see how it'd go any other way. You can't be expected to leave a gap big enough for a door between EVERY parked car you pass. The congestion would be monumental

Agreed. I was only told about the 4ft gap by my old instructor. Possibly more as a learners guide, and not law.

 

[Trifid]

Didn't this happen to someone on here? The door opener claimed it was open for a while IIRC.

 

[Janesy B]

You sure about that, so if your driving down a road with cars parked down the side of it, technically speaking i should be driving down the middle of the road?

That's always been my understanding. It's such a grey area and not many people know what the definitive is, including me!

 

[k3wt]

so what happens if im parralel parked up but im sitting on the passenger side next to the pavement. i open the door whilst a cyclist is riding down the pavement from behind and the old biddy rides into the door? i was too busy in conversation on the phone, plus its a really quiet street and i couldnt easily look behind becasue mirrors were folded.

thats my fault right? are cyclists allowed to ride on pavements?

 

[m4cc45]

If there was a 4ft rule here then I would be in the middle of oncoming traffic all the time - cars are parked on both sides of the road and the gap is just big enough for 2 cars and even then you have to slow down at points.



M.

 

[Dup]

You sure about that, so if your driving down a road with cars parked down the side of it, technically speaking i should be driving down the middle of the road?

Logic would dictate it should be the fault of the person carelessly opening the door, its almost the same situation as someone pulling out infront of you imho.

You would think that was silly... but people DO drive down the middle of the bloody road in this situation. It's common to be driving between parked cars on either side of a main road round here. Perfectly safe to get two cars past safely and at 30mph but people just drive up the middle of the road. I've got into the habit of driving at them until they move over now, sick of this selfish overly cautious driving that is more dangerous than what could happen.

 

[m4cc45]

Cyclists are allowed on pavements if it is marked as a designated cycle lane - not at any other time. If you are on your phone and not paying attention then it's your own fault.


M.

 

[Lopéz]

You would think that was silly... but people DO drive down the middle of the bloody road in this situation. It's common to be driving between parked cars on either side of a main road round here. Perfectly safe to get two cars past safely and at 30mph but people just drive up the middle of the road. I've got into the habit of driving at them until they move over now, sick of this selfish overly cautious driving that is more dangerous than what could happen.

I almost wish people round here would drive a bit more like you described.

Every day cars on my street get their mirrors hit. It's a busy road and even with parked cars you can still get 2 normal cars past, but the problem is people in Porsche Cayennes and Mitsubishi Warriors seem to think they are driving Fiat 500s and just keep it flat out clipping mirrors as they go. If they did the speed limit it might be helpful, but 50 or 60mph seems to be the norm.

Never seen anything like it.

 

[k3wt]

Cyclists are allowed on pavements if it is marked as a designated cycle lane - not at any other time. If you are on your phone and not paying attention then it's your own fault.


M.

it was just a normal pavement, so she wasnt allowed to ride on the pavement

 

[Dup]

I almost wish people round here would drive a bit more like you described.

Every day cars on my street get their mirrors hit. It's a busy road and even with parked cars you can still get 2 normal cars past, but the problem is people in Porsche Cayennes and Mitsubishi Warriors seem to think they are driving Fiat 500s and just keep it flat out clipping mirrors as they go. If they did the speed limit it might be helpful, but 50 or 60mph seems to be the norm.

Never seen anything like it.

Sounds tight. You can have 2-3ft each side of both cars when passing properly but some people still feel it necessary to take more, or even worse... stop dead. This is usually main roads, but at least round here they do 30 in those sections and not much more.

 

[stockhausen]

...
Every day cars on my street get their mirrors hit. It's a busy road and even with parked cars you can still get 2 normal cars past, but the problem is people in Porsche Cayennes and Mitsubishi Warriors seem to think they are driving Fiat 500s and just keep it flat out clipping mirrors as they go. If they did the speed limit it might be helpful, but 50 or 60mph seems to be the norm.

Never seen anything like it.

Happens in our (30 mph speed limit) residential road all of the time too

The combination of the morning rush-hour and the school run with masses of Chelsea Tractors is far and away the worst time of day. They never stop or leave their contact details when they clip wing mirrors or bumpers. Probably not doing 50 or 60 and may not even be speeding but certainly driving with their hands gripping the wheel tightly, their eyes squeezed tight shut and probably on their sodding mobile as well.

Fortunately my next-door neighbour has an ancient, rust-bitten and generally filthy and unloved Transit van which he parks a long way from the pavement

 

[Firestar_3x]

You would think that was silly... but people DO drive down the middle of the bloody road in this situation. It's common to be driving between parked cars on either side of a main road round here. Perfectly safe to get two cars past safely and at 30mph but people just drive up the middle of the road. I've got into the habit of driving at them until they move over now, sick of this selfish overly cautious driving that is more dangerous than what could happen.

I do see it but i've always put down to inept drivers who can't judge a gap nor the width of whatever vehical they seem to be 'in control' of.

I've had several people either fling open car doors or park on double yellow lines so they can use the postbox then simply fling open the car door regardless of who's coming towards them, in this case i use the horn and door skimming technique.