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  1. #1
    Join Date
    Mar 2019
    Posts
    1

    Default Are You Liable if You Open a Car Door Into Traffic

    My question's from the state of: NJ
    I parked my car in a legal spot on the street, I checked that no cars were coming, got out and closed the driver door. I then opened the passenger door to get my daughter out of her car seat. Of course, before opening the door, I checked that no cars were coming. As I finished opening my daughter’s seatbelt, I feel the car shake and hear a crashing sound. I turn around and see that a car banged into the open door. He says that he saw me, he saw the open door, but doesn’t know how he crashed in. He claims that maybe the door wasn’t fully opened and as I was opening my daughter’s seatbelt, without realizing it, I may have pushed the door open a little more, causing him to crash in. We both don’t know if that is true – but we both do know that he saw me and the door, and that I was doing my best to get my daughter out as fast as possible. Am I at all at fault?

  2. #2
    Join Date
    Dec 2018
    Posts
    168

    Default Re: Do I Have Any Liability

    You cannot impede on a right of way with a car door without adequate warning.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,661

    Default Re: Do I Have Any Liability

    When you open your car door on the traffic side the burden is on you to make sure it is safe to do so.

  4. #4
    Join Date
    Jul 2018
    Posts
    1,061

    Default Re: Do I Have Any Liability

    It's really quite possible to assess this intelligently without statements from both persons involved and any witnesses. You've reported this to your auto insurance carrier, right?

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