car accident,who is to blame
Discussion
a friend of mine called me last night after she had had a little car accident.
she was driving down a poorly lit side road when she hit another car.the car she hit was stationary with a door open.she seems to think the driver of the other car is partly to blame.i think that she should have seen it.what do you guys think?
should add that it was the open door she hit.the only other thing is that both parties are insured with the same company
she was driving down a poorly lit side road when she hit another car.the car she hit was stationary with a door open.she seems to think the driver of the other car is partly to blame.i think that she should have seen it.what do you guys think?
should add that it was the open door she hit.the only other thing is that both parties are insured with the same company
Witchfinder said:
You don't open your door into traffic. Door opener's fault.
Not if the door had been open for a while. As others have said, only mitigation is if door was opened too late for her to miss, but even then it's a bit doubtful because she should be leaving enough room/driving slowly enough to stop.jas xjr said:
i have just sent her a txt.she is sure that the poor visibility etc and the other party leaving the door open are contributory factors.but if she did not see the open door,should she be driving?
i have to make sympathetic noises as i am taking her out next week
Oh in that case, stupid bloody fool for leaving the door open, no wonder it happened, whiplash, bruising, hire car, etc ,etc, i have to make sympathetic noises as i am taking her out next week

jas xjr said:
i have just sent her a txt.she is sure that the poor visibility etc and the other party leaving the door open are contributory factors.but if she did not see the open door,should she be driving?
i have to make sympathetic noises as i am taking her out next week
Poor you....poor visibility means slow down and have more chance to see the door open.i have to make sympathetic noises as i am taking her out next week
Insurers won't listen imho...sorry.
As for next week....show her this thread

wrinx
She is at fault, sorry. ( Unless the door was opened when it was impossible for her to take avoiding action, but even here the odds are bad, as the HC says we should all be aware of the above possibilities and drive past at what was it....3 feet or so??? Agree this is often impossible )
A judge is unlikely to be sympathetic. She starts by blaming the streetlights ( yet bad lighting would mean she should have slowed even more ) and then she says she did not see a parked car with the door open ( cue judge asking how she'd have felt if it was a kid standing by the door ).
Some judges might even push for due care, not least with the ' it was dark, I couldn't see so it is not my fault' line! You either slow right down or stop - for it COULD well have been a kid there.
Nah, it is annoying when someone does as above with the doors, but they did not cause the accident - 'twas the girl drivers lack of awareness.
A judge is unlikely to be sympathetic. She starts by blaming the streetlights ( yet bad lighting would mean she should have slowed even more ) and then she says she did not see a parked car with the door open ( cue judge asking how she'd have felt if it was a kid standing by the door ).
Some judges might even push for due care, not least with the ' it was dark, I couldn't see so it is not my fault' line! You either slow right down or stop - for it COULD well have been a kid there.
Nah, it is annoying when someone does as above with the doors, but they did not cause the accident - 'twas the girl drivers lack of awareness.
Tyre Smoke said:
jas xjr said:
i have just sent her a txt.she is sure that the poor visibility etc and the other party leaving the door open are contributory factors.but if she did not see the open door,should she be driving?
i have to make sympathetic noises as i am taking her out next week
Oh in that case, stupid bloody fool for leaving the door open, no wonder it happened, whiplash, bruising, hire car, etc ,etc, i have to make sympathetic noises as i am taking her out next week



Unless the door was opened into the front of her car it's 100% her fault.
GF's sister had a funny one recently too - pulled out into the main road in front of another car. Apparently it's his fault because his indicator was on
Oh the horrible questions about:
a) The highway code
b) proper observation (he's going 50, he's not slowing down, so he's clearly not turning)
c) An apparent lack of instinct for protecting one's life.
d) plain stupidity
that were simply denied and ignored
GF's sister had a funny one recently too - pulled out into the main road in front of another car. Apparently it's his fault because his indicator was on

Oh the horrible questions about:
a) The highway code
b) proper observation (he's going 50, he's not slowing down, so he's clearly not turning)
c) An apparent lack of instinct for protecting one's life.
d) plain stupidity
that were simply denied and ignored

ajcj said:
Tyre Smoke said:
jas xjr said:
i have just sent her a txt.she is sure that the poor visibility etc and the other party leaving the door open are contributory factors.but if she did not see the open door,should she be driving?
i have to make sympathetic noises as i am taking her out next week
Oh in that case, stupid bloody fool for leaving the door open, no wonder it happened, whiplash, bruising, hire car, etc ,etc, i have to make sympathetic noises as i am taking her out next week




ajcj said:
Tyre Smoke said:
jas xjr said:
i have just sent her a txt.she is sure that the poor visibility etc and the other party leaving the door open are contributory factors.but if she did not see the open door,should she be driving?
i have to make sympathetic noises as i am taking her out next week
Oh in that case, stupid bloody fool for leaving the door open, no wonder it happened, whiplash, bruising, hire car, etc ,etc, i have to make sympathetic noises as i am taking her out next week



Tyre Smoke said:
Witchfinder said:
You don't open your door into traffic. Door opener's fault.
Not if the door had been open for a while. As others have said, only mitigation is if door was opened too late for her to miss, but even then it's a bit doubtful because she should be leaving enough room/driving slowly enough to stop.Split liablity ?
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