It varies by country and/or state. In most areas, the person opening the door is liable for any damage.
The person that opens the door is at fault
The person who opens the door in traffic, The reason why is when anyone exits their vehicle they should always look and be sure it is clear and safe to do so. If a person does open their door in traffic and causes an accident regardless of whether the door is damaged or not that person is liable for damages, injuries to property and people as a result of negligence.
It is the person who opens the door. Of course it is dangerous to speed, but surely you would see a fast car coming towards you, so if you were smart, you would wait until the car has past :)
The person who opens the door.
the person who opened the door
The driver/passenger opening the door is at fault. Look it up under the traffic laws in your state.
Many claims like this contain a percentage of fault, I would consult your claims department and they can determine it based on when the door was open.Another View: The investigating officer would first determine whether the traffic-side door of the vehicle was opened or the curb-side was opened. If it was the traffic-side that was opened, it would be the fault of the person who opened the door, even if it wasn't driver who did it, the driver would receive the violation.
Virtually ANY time a vehicle door opens into moving traffic it will be the responsibility/fault of the party who was in control of the door. The questioner states that they were CLOSING the door??? That may be their story, but it will probably be difficult proving it.
The person in the car is to blame because the person riding the bicycle would have no way of telling when the car door would be open. the person in the car could have easily looked in the side mirrors and could have seen if someone riding a bicycle was passing by.Added; The traffic offense charge would be "Opening Door to Traffic."
not sure what you mean by "someone opens their car door is hit", but usually, the person speeding is at fault. He IS speeding afterall, which is illegal in the first place..Disagree: It is the responsiblity of the person opening the car door to ascrtain if there is oncoming traffic and it is safe to do so. It may be YOUR contention that the oncoming car was speeding - how are you going to prove it?The possible result (from a law enforcement perspective) - the person whose door was struck could be ticketed and (if insured) the insurance companies will probably fight it out between themselves.
I know of a case where a person opened a door on a narrow road and it was struck by another vehicle driving down the road. The person opening the door was at fault. Your situation sounds a bit different but the person opening the door may be at fault.
Opening a door into traffic makes the door opener at fault. If the door is opened safely and some driver then runs into it, the moving driver is at fault.