16 years ago
David F
CLARIFICATION: Open car door accident?
I dont know whether or not this makes a difference (to my previously posted question), but when I pulled into the parking spot (and ultimately hit the adjacents' spot open car door) I did NOT see the open door and opt to pull in anyway. I pulled in the ordinary way, however, when my car changed angles (i.e. turned to the right) the sun came into my view, blinding everything else out of my sight. Even after the initial impact, it didnt even register that it was another car that i hit. I thought it was a something on the ground that crunched.
So my question was - whos at fault? Me, the dirver whos pulling into the spot, or the driver who had his door open (sticking out over to the adjacent vacant spot)?
16 years ago
Enchanted
Favorite Answer
You were at fault.
Sun glare doesn't matter; that's like saying you can hit the car in front of you while driving because the sun is out. It is your responsibility to see the space and all around it clearly. The person in the already parked car has every right to get out of his/her car.
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16 years ago
Scott H
Okay, was the door of the car next to you open when you pulled in the parking stall? If yes, you are at fault. If the other driver opened the door after you entered the stall, then he is at fault for not looking.
If you open your door while parked on a busy thoroughfare, you should expect that your door could be taken off by a passing vehicle and act with the necessary caution. In a parking stall, there is an expectation that someone driving into a stall is doing so at a very low speed, and should recognize and react to an open door. It isn't the other person's fault that you were temporarily blinded by the sun.
Several years ago, I was driving through a gas station in a full size Ford Bronco, the convenience store building was on my right, the pump islands were to my left. Some kid in a Pinto at the pump island threw open his passenger door and it wedged against the side of my truck and dented the rear panel behind the wheel well. They were at fault, because they opened the door without looking to see if another vehicle was approaching.
Sorry, but my answer is the same.
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16 years ago
sanitystrksback
Interesting question. Unfortunately, it's your fault as the car was parked and the door was already open. If the sun caused you to be unable to see, you should have slowed down or stopped in place immediately until you were able to readjust your vision.
On the other hand, if you are driving down the road and a driver opens their car door into you, THAT is their fault :) (really, says the ins co.)
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16 years ago
K R
You struck a parked car. You are completely at fault. Doesn't matter the circumstance (sun, etc). You are at fault.
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16 years ago
Kare C
if you hit the open door, you're at fault. (the only time the door opener would be at fault is if they open the door into the side of your car!)
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