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Who would be at fault if...?

  • 06-05-2013 8:39pm
    #1
    Ms. Pingui
    Registered Users, Registered Users 2 Posts: 581 ✭✭✭


    .


Comments

  • #2
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    IMO - The person opening the car door. They should've checked to see nothing was coming before opening the door.


  • #3
    nicol
    Registered Users, Registered Users 2 Posts: 385 ✭✭nicol


    I'll answer the question with a question, if someone was parked at the side of the road and started pulling out without looking and was struck by a passing car who would be at fault? Same thing I think. ;-)


  • #4
    [Deleted User]
    Posts: 50,630 ✭✭✭✭ [Deleted User]


    While common sense would suggest that the person opening the door is at fault, an insurer will say that you should leave enough room for car doors to be opened.


  • #5
    ABajaninCork
    Closed Accounts Posts: 8,411 ✭✭✭ABajaninCork


    Deleted User wrote: »
    While common sense would suggest that the person opening the door is at fault, an insurer will say that you should leave enough room for car doors to be opened.

    I think it would depend on road conditions at the time wouldn't it? Might be a narrow street with cars parked both sides, or there might not be enough room to allow the car door to open enough to get out.


  • #6
    ahnowbrowncow
    Registered Users, Registered Users 2 Posts: 2,588 ✭✭✭ahnowbrowncow


    Deleted User wrote: »
    While common sense would suggest that the person opening the door is at fault, an insurer will say that you should leave enough room for car doors to be opened.

    There rarely is enough room, you'd be constantly crossing a continuous white line on many roads just to avoid the possibility of hitting someone opening a car door.


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  • #7
    coylemj
    Registered Users, Registered Users 2 Posts: 25,622 ✭✭✭✭coylemj


    ahnowbrowncow wrote: »
    There rarely is enough room, you'd be constantly crossing a continuous white line on many roads just to avoid the possibility of hitting someone opening a car door.

    +1 To say that the person driving the car is at fault is ridiculous, it gives a licence to people to simply throw open the door on the offside without looking.

    You're obliged under the traffic by-laws to drive as close to the left side of the road as possible, I'm not aware there is any provision which says that you have to leave the width of a car door between you and every car parked on your left.

    And driving into housing estates where the road width is usually barely more than the width of three cars, you'd need to employ someone to walk ahead and check every car on your left and right to make sure there was nobody about to open an offside door.


  • #8
    Kosseegan
    Banned (with Prison Access) Posts: 987 ✭✭✭Kosseegan


    Ms. Pingui wrote: »
    If someone parked at the side of the street suddenly opens their car door and the door is hit by a passing car, who is at fault? The person who swung the door open or the driver of the passing car?

    It is the driver of the car whose door opened. This issue was considered in relation to an incident in over Athlone 50 years ago.

    http://www.houseofrussell.com/torts/exam-prep-cases/curley_v_mannion.pdf


  • #9
    [Deleted User]
    Posts: 50,630 ✭✭✭✭ [Deleted User]


    coylemj wrote: »
    +1 To say that the person driving the car is at fault is ridiculous, it gives a licence to people to simply throw open the door on the offside without looking.

    Agreed.

    It makes no sense. If you opened the door and hit a cyclist you would most certainly be at fault.

    On my parents' road there is barely room for the car to pass, never mind leaving space for a door to open.

    However, I know two people who have had seperate incidents of this occuring - different insurers, and both paid out to the parked car. In one of these incidents the driver of the parked car swung the door fully open and the car door came off!


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