Was involved in a car accident earlier today, whos liable?

bery_451

I went to the train station drop and go area to drop off a family member earlier today. Parked in the bay on the right as shown in the pic below:










While the passenger was opening the front passenger door of my car to exit it caught a passing car and accident happened. We believe that car was going too fast in a speed restricted area and driving too close otherwise it could have been avoided. So fast I think the passenger exiting didn't realise.


Should the driver of the passing car take extra care and left a door width apart space in a area like this? Driver should have known passengers in a area like this exit vehicles and should have taken more care plus I know the driver could have left a door width apart space.


What are your opinions?

DTDfanBoy

You're liable

DaveTheMus

My driving instructor always said that you must be more then a door width away from a car...it's the other cars fault IMO.

But from the picture it does look as though space is tight so there might not be enough room to leave a doors width and no matter how slow the other guy is going if your passenger flings the door open fully with no sense or care then the other car will hit your door...

How did your passenger open the door?

Where did the door strike the other car?

stclair

I'd say your at fault.

Oli.s

I agree with the above, your passengers fault, should have looked to make sure nothing was coming before he/sheopened the door. Lucky he/shedidn't step out and get run over.

DTDfanBoy

DaveTheMus wrote: »

My driving instructor always said that you must be more then a door width away from a car...it's the other cars fault IMO.

I take it that your driving instructor avoids about 50% of the residential streets in the country then :T

Tigsteroonie

I'd say that you are liable, you (and passengers) should always check that it's clear to open the door before doing so.

bery_451

DTDfanBoy wrote: »

You're liable

100% my fault? Can you give reasons for your decision.


I accept its my fault if the space is so narrow that passing drivers cant drive with doors opening but it wasn't that narrow and door width apart space can be given otherwise there's a huge design flaw in that area in my opinion.

neilmcl

Is that a one way entrance. Odd they've designed it in a way that forces front passengers to alight onto the road rather than the pavement.

bouicca21

Opening a car door into danger. Your fault. But given that the location makes it likely that car doors will be opened and that pedestrians will be present, I think the driver should have driven at a speed commensurate with the risk. So I think 50/50.

DUTR

DTDfanBoy wrote: »

You're liable

Yep, that's the drop off area in New St station, the passenger should have checked it's clear to exit the vehicle, and cars can't really whizz along there.