Who would be at fault here?

One way street, driver is traveling down the correct way at the appropriate speed. Pedestrian opens the car door suddenly and it’s hit by the driver. 

Same scenario, but now on a two way street. 

Who is at fault for both?

Update:

I only ask because my ex wife’s father told me if I hit the car door, it’s my fault. A day later he says if I opened my car door and it gets hit that it’s my fault. Just wanted to clear it up. Thank you all who answered and have a great day!

9 Answers

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  • 2 months ago
    Favorite Answer

    The person who opens a door into traffic is always at fault.

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  • Anonymous
    2 weeks ago

    Hello, before performing a maneuver or disembark passengers, the driver must make sure that this action is safe. Ie open the car or unlock the Central lock, just not in vain blocked the door for children, because if you decide to stop in the wrong place, and also release the passenger, it is completely your decision and the choice of place for these manipulations. 

    If you still decide to do it, you need to find a transport stop where there is a specialized ledge where you can call and a dangerous zone of landing and disembarkation, or it is easier to turn off the road to someone in the yard or where else.

    If you have any questions, you can ask them from our specialists, we are engaged in cargo transportation and often face various kinds of questions: https://avto-oligarh.ru/nahipredlozeniya

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  • 1 month ago

    It is illegal to exit a vehicle on the traffic side when approaching traffic is close enough to be dangerous. The guy who opened the door and got hit is at fault causing the accident.

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  • 1 month ago

    I am pretty sure it is the fault of the person that is opening the door. Ask a cop and your ex father in law sounds like a narcissist. Stay away from him

    https://www.psychologytoday.com/us/blog/evolution-...

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  • Anonymous
    2 months ago

    It's your fault for not looking before opening the door

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  • Bort
    Lv 6
    2 months ago

    I'm not sure of how the laws work but hope they are within reality making it the idiot who didn't look before they opened the door and lost their door. In reality a person should look in their mirror before they open the door to get out when they park on a street. Too many people don't do this, and those people are careless and stupid as well as deserve to lose their door. Maybe when it happens they'll learn their lesson and do as they're supposed to and look before they do it.

    I always look for on coming traffic before opening my door when I park on a street. I don't want to get hit or lose my door.

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  • 2 months ago

    Either case the primary fault lies with the person who opened the door (assuming that the driver of the moving car did not have time to avoid the door).  This is essentially the same idea as driving into traffic: you have to first be sure it is safe to do the act.  Clearly, the person who opened the door never did that first obligation to be sure it is safe, or they would not have done it.

    You cannot just do whatever it is you want to do without taking the possible presence of others into account first.  Even pedestrians have to wait to be sure that the traffic has yielded for them.  They might have the priority but they do have to allow time for others to yield.  If enough time was given that the other ought to have yielded and could have done so safely, THEN the fault is with the person who failed to yield.

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  • 2 months ago

    Pedestrians always have ***the right of way***.

    A pedestrian opening a car door...not so sure.

    Assuming the car would not have hit the pedestrian if the pedestrian had not opened the door

    probably the pedestrian is responsible for suddenly and without warning blocking the thoroughfare

    (much in the way that if a pedestrian suddenly leaped out into busy traffic the driver who hit the pedestrian would, ultimately, not be held responsible).

    One way or two way doesn't matter.

    No matter how many lanes

    the driver has no good reason to think that his "way" will be blocked in the next moment

    and the pedestrian ought to be on the lookout for oncoming vehicles

    and so (it seems to me) the pedestrian is at fault no matter what.

    Of course

    if the driver is speeding

    or if the driver has ample distance to brake and fails to do so

    then the driver is at fault.

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  • JetDoc
    Lv 7
    2 months ago

    First off, if a person is sitting INSIDE a car, he's NOT a "pedestrian"!

    If a person inside a parked car opens his door into traffic and it's struck by a passing vehicle, it's the fault of the person who opened the door.

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